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(영문) 서울동부지방법원 2014.11.07 2014고단2037
공무집행방해
Text

A defendant shall be punished by imprisonment 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 July 3, 2014, at around 01:10, the Defendant used the road in front of the Songpa-gu Seoul building, and received 112 reports from the Defendant, and was solicited to return home from the Seoul Songpa Police Station C District D, a slope E’s face, and used a mobile phone used by the Defendant in his hand. On one occasion, the Defendant used his/her mouth to walk the left left side of the said D, and assaulted the Defendant to walk the bones of his/her bones sublime.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on handling reports and maintaining order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 Application of the 112 Report Processing Mark and the Acts and subordinate statutes governing damaged photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The defendant asserts that the defendant's argument regarding Article 62-2 of the Social Service Order Criminal Act was in a state of mental disorder or mental disorder by stating that he/she was unable to memory under the influence of alcohol at the time of the instant crime

According to the records, the defendant is recognized as having been in a state of drinking at the time of committing the crime of this case, but there was no ability to discern things or make decisions accordingly.

It does not seem to be in a state or weak.

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

The reason for sentencing is that the defendant is expected not to repeat a crime in proportion to his depth, the fact that there is no criminal record other than the punishment of a fine of three times due to the crime of this type, support for his family, the degree of assault of this case, the degree of interference with the duties, the circumstances after the crime, the defendant's age, character and conduct, family environment, etc. shall be comprehensively considered, and the punishment shall be determined as ordered in consideration of the recommended sentence according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court.

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