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(영문) 의정부지방법원 2016.09.21 2016고단2688
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 29, 2016, the Defendant assaulted the Defendant’s house located in Namyang-si B and 201 on June 29, 2016, on the following occasions: (a) while drinking alcohol, snicking out of windows while drinking alcohol; and (b) the police officer’s police box affiliated with the Namyang-gu Police Station C police station, who called out after receiving 112 a report, to notify the police officer of the violation of the Punishment of Minor Offenses Act; (c) while taking a bath, the Defendant obstructed the Defendant’s legitimate performance of duties by assaulting the police officer’s chest and boat, such as the police officer’s wheel, and the wheels who will sell to the right side of the said police officer’s chest and boat with the hand saw.

2. The Defendant, within the police box of around 15:30 on the same day, arrested a flagrant offender by the act of the above paragraph (1). The Defendant, while taking a bath to E who belongs to the same police box, had knee and snee and sale of the above police officer two times and interfered with the legitimate execution of duties.

Summary of Evidence

1. Defendant’s legal statement

1. Investigation report of each police statement on D and E [Attachment D and E’s video recording at the time of release from a strike, and a copy of the case processing table of 112 reported case - copy of the CCTV video recording of the C police box, and of the 112 reported case handling table];

1. A photographic photo of the victim D flag (the defendant does not make his memory well under the influence of alcohol at the time of committing each of the instant crimes;

I asserted that the state of mental disorder was in the state of mental disorder.

According to the records, even though the defendant was under the influence of alcohol at the time of each of the crimes of this case, in light of the circumstances leading to each of the crimes of this case, the defendant's attitude at the time of the crime, and the circumstances before and after the crime, etc., it is not recognized that the defendant's drinking did not change things or did not have the ability to make a decision, or did not have

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts of the crime (elective of imprisonment);

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 suspension of execution (the following favorable circumstances):

1. To observe Article 62-2 of the Criminal Act and the protection of community service order;

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