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(영문) 서울중앙지방법원 2016.11.24 2016고단7398
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 19:30 on October 9, 2016, the Defendant, while under the influence of alcohol in front of the subway session No. 196 at the session of Dongdaemun-gu, Seoul, 196, took a panty, she received 112 report that “the panty is being used in a toilet,” and recommended the Defendant to go back and return home of clothes from D, who was dispatched to the scene by the police station of Dongdaemun-gu Police Station, sent out to the scene of his her own string. On the top, the Defendant assaulted D’s chest by taking the upper floor of his her own hand one pushed, and the left face part once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of investigation report (related to dynamic images in which a police officer assaultss a police officer), capture photographs, and video CD-related Acts and subordinate statutes;

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

1. As to the claim of mental disorder as to Article 62(1) of the Criminal Act (see, e.g., taking into account the favorable circumstances as seen below) of the suspended execution, the defendant asserts that he was in a state of mental disorder or mental disorder as he was under the influence of alcohol at the time of committing the instant crime. Thus, according to the records, the fact that the defendant was under the influence of alcohol at the time of committing the instant crime is recognized, but there was no ability to discern things or make decisions.

Since it cannot be deemed that there was a state or weak, the above assertion is rejected.

Although the nature of the crime in this case, which used violence to police officers with the reason of sentencing, is not weak, the defendant is in depth against his mistake, the health of the defendant is not good, and there is only a history of punishment for a long time due to a minor fine, and it does not constitute a criminal offense of the same kind.

Determination of sentence: The above circumstances and the age, character and conduct, career, family environment of the defendant, and family environment.

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