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(영문) 서울동부지방법원 2016.05.19 2016고단211
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant, around 00:10 on December 23, 2015, at the “C” point in Gangdong-gu Seoul Metropolitan Government, and at around 00:10 on December 23, 2015, customers are wird each other.

“A” to the police officer of the Gangseo-dong Police Station E District, who was dispatched to the site upon receipt of a report 112 and received the Defendant’s statement from Defendant D, and heard the Defendant’s statement, whether the Defendant “Is to go to the police officer, Is to go to the police officer,”

While taking a bath, F's chest was pushed down several times with both hands, and the chest and shoulder of G during the process of suppressing it, and the ring-out was tightly pushed off four times in the direction that he tried to stop it, and the ring-out was assaulted.

Accordingly, the defendant interfered with police officers' legitimate execution of their duties concerning the handling of reported cases and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F and G;

1. Application of H’s written Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant asserts to the effect that, at the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

Although the Defendant was under the influence of alcohol at the time of committing the instant crime, in light of various circumstances, such as the content of the instant crime against the victims who are police officers and the Defendant’s speech and behavior before and after the instant crime, the Defendant had no or weak ability to discern things or make decisions.

Therefore, the above argument is rejected.

Scope of recommended punishment on the grounds of sentencing: The basic area (no person shall be subject to special sentencing) that interferes with the performance of official duties (type 1) by committing a crime that interferes with the execution of official duties for between two months and eight months: Imprisonment with prison labor for a period of six months, and it is not good that the crime of this case was committed by a police official who is performing two years of suspended execution of six months, and the defendant was past.

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