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(영문) 서울북부지방법원 2015.05.22 2015고단281
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 16, 2015, at around 21:45, the Defendant reported 112 on the front side of the Dongdaemun-gu Seoul Yellow Water, 15-ro 15,252 mountain apartment, which read that “Nonnon will not pay a taxi fee,” and that he respondeded to the Defendant’s statement of assault damage from H of the said reporter, and subsequently, the Defendant notified the Defendant of the doctrine of Disturbance, the defect that he was arrested as a flagrant offender, the cell phone was laid on the floor, and the sound was used by the above patrolman to prevent him from falling down on the floor when he was sent to the scene.

Accordingly, the defendant interfered with the performance of duties by police officers on 112 reports and arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Application of Acts and subordinate statutes on a taxi charge receipt;

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act, claiming that the defendant was in a state of mental disorder under the influence of alcohol at the time of the crime

However, according to each evidence of the judgment, even though the fact that the defendant was drinking at the time of committing the crime, considering all the circumstances such as the background of the crime, the form of the crime, the circumstances after the crime, and the defendant's act before and after the crime, it cannot be seen that the defendant was under the influence of alcohol at the time of committing the crime in this case, and thus, the above assertion is rejected.

The reason for sentencing is that the defendant has repeatedly committed the instant crime despite the same criminal history, and that the face part of the police officer is at prices, and the degree of assault is not weak. However, other than once a fine is imposed on the defendant.

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