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(영문) 의정부지방법원 2018.01.17 2017고단4900
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2017, the Defendant, at around 00:55, did not get off the taxi under the influence of alcohol on the front of the “D cafeteria” which is located in the Namyang-si, Namyang-si.

도와 달라' 내용의 112 신고를 받고 현장에 출동한 남양주 경찰서 E 파출소 소속 경사 F, 경장 G이 피고인을 깨워 택시에서 내리게 하고, 계속하여 그 곳 도로 중앙선에 앉아 일어나지 않는 피고인을 깨우고, 이후 피고인의 아내에게 욕을 하고 주먹을 휘두르는 피고인을 제지하자, 경찰관 G에게, " 야 씨발 년 아, 뭘 꼬라 봐! 한번 해보자고

I amba flaba flaba flababa flab.

C. At the same time, the chest of police officer G was pushed down once due to his head while taking a desire to be "Chos".

The Defendant continued to use the police officer’s 112 patrols in a manner that the police officer notified the Defendant that he would return home, and forced the police officer to open a 112 patrol racks and take the 112 racks inside the police officer’s left shoulder and arms.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each G statement;

1. The Defendant asserts to the effect that he was in a mental and physical state, such as being drunk and not memory, at the time of committing the instant crime.

According to the records, even though the defendant was under the influence of alcohol at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the details of the crime, the attitude of the defendant, the circumstances before and after the crime of this case, etc., it is not recognized that the defendant was under the influence of alcohol, or did not have the ability to discern things or make decisions,

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 of the Criminal Act:

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