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(영문) 서울북부지방법원 2013.09.13 2013고단1615
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2013, the Defendant, while under the influence of alcohol, visited the Seoul Nowon-gu Police Station C District Unit of Seoul Nowon-gu, Seoul Special Metropolitan City, while under the influence of alcohol at around 10:55 on July 10, 2013, sent a heavy speech to police officers without any special reason, and when the slope D belonging to the above patrol unit, who is working in the police box where he walked with the tables, was working in the police box where he walked with the tables, took the face of D on one occasion due to a defect.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the investigation of crimes, public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Election of Imprisonment;

1. Statutory mitigation under Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act (a mitigation of mental or physical disability due to obsession);

1. As to the Defendant’s assertion of Article 62(1) of the suspended sentence under the Criminal Act, the Defendant asserted that the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime. Thus, according to the evidence as seen earlier, the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime. However, it does not seem that the Defendant did not have the ability to discern things or make decisions. Accordingly, the above assertion is rejected.

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