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(영문) 서울북부지방법원 2017.11.29 2017고단4306
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 22, 2017, at the front of the "C" located in Dongdaemun-gu Seoul, Seoul on September 22, 2017, the Defendant: (a) instructed the police officer D, who was on patrol, to hand on the road, to deliver the Defendant and to contact his guardian; and (b) saw C, on the ground that D was prevented by police officer D, he saw C to the effect that he saw C, "I am, I am, I am, I am, I am, I am, I am, I am, I am", and assaulted D police officer D's head, head, and head, respectively.

Accordingly, the defendant interfered with police officers' legitimate protective measures and prevention of danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The Defendant alleged to the effect that, at the time of the instant crime, the Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of the instant crime. However, in light of the criminal background, content and method of the crime, Defendant’s behavior before and after the instant crime, etc., which may be duly adopted and examined by the instant court, the Defendant was in a state of lacking the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, the above argument cannot be accepted.

Application of Statutes

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has a deep depth and reflects his or her mistake, and that there is no criminal history except for a single fine, etc. is favorable to the defendant.

On the other hand, the obstruction of the performance of official duties not only undermines the function of the state's legal order by nullifying the legitimate exercise of public authority, but also is related to the excessive restriction of the safety of the general public, so it is necessary to impose strict punishment corresponding thereto, and assaulting police officers who want to help themselves.

Other crimes of this case.

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