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(영문) 서울남부지방법원 2015.11.05 2015고단3838
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

On August 20, 2015, at around 02:10, the Defendant assaulted “C points located in Yeongdeungpo-gu Seoul Metropolitan Government,” and obstructed the legitimate execution of duties by the police officer regarding the control of the crime, by assaulting, such as: (a) the circumstances where the police box belongs to the Seoul Yeongdeungpo Military Police Station D Boxes, which was called upon 112, and (b) the police officer F was arrested as a flagrant offender on suspicion of assault; (c) the Defendant attempted to flee while being informed of the doctrine; (d) the police officer was under the control of the police officer’s arrest; and (e) when he was under the control of the police officer’s suspicion of assault

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The Defendant alleged that the Defendant was in a mental and physical state under the influence of alcohol at the time of the instant case, and thus, according to the evidence duly admitted and investigated by this court, the Defendant was under the influence of alcohol at the time of the instant case, but the Defendant was under the influence of alcohol at the time of the instant case, and thus, did not have the ability to discern things or make decisions.

Therefore, the defendant's above assertion is not acceptable.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The basic area of the obstruction of performance of official duties: June to April [No person who has been specially punished] / [decision of sentence] The defendant acknowledges the mistake of this case; damage caused by violence is not serious; damage caused by violence is not serious; and all kinds of sentencing conditions that were revealed in the oral proceedings, such as the defendant's age, character and conduct, environment, criminal history, and circumstances after the crime, were considered, the suspension of execution of imprisonment as ordered by the court.

It is so decided as per Disposition for the above reasons.

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