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(영문) 서울남부지방법원 2016.03.24 2016고단454
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 17, 2016, at around 15:05, the Defendant, while under the influence of alcohol within the C convenience store located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and upon receiving employee’s report at the same time, provided “Iskin Pain Pain-si,” from the slope D belonging to the Gangwon Police Station for Multi-Purpose Purpose of the Police Station called “Iskin Man-si

The relationship with the customer was asked of "Isday", and the police officer dispatched to the place is why Isn't have been why Isn't.

1. The police officers assigned to the patrol group "," 1. The police officers assigned to the patrol group "," 1. 2. 2. 2. 2. 2. 1. 2. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2. 1. 2. 1. 1. 1. 1. 1. 1. 1. 2. 1. 1. 1. 1. 2. 1. 1. 1. 1. 2. 1. 1. 1. 2. 1. 1. 1

As a result, the defendant interfered with the legitimate execution of duties of police officers E on the prevention and investigation of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. The Defendant’s assertion of F and G respective statements and their assertions, and the Defendant, while under the influence of alcohol at the time of the instant case, did not keep his/her memory well as his/her behavior.

In light of the evidence duly adopted and examined by this Court, the defendant was under the influence of alcohol at the time of his/her allegation that he/she was in a state of mental disorder.

Even though there are circumstances to see, the decision did not have the ability or decision making ability to discern things or have failed to do so.

As such, the defendant's above assertion cannot be accepted.

Application of Statutes

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] shall interfere with the execution of official duties.

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