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Reasons
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(영문) 서울북부지방법원 2013.12.20 2013고단2419
공무집행방해
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A defendant shall be punished by imprisonment for not less than eight months.

However, 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

The Defendant, while under the influence of alcohol, received 112 reports that the Defendant was used by a person in front of Dongdaemun-gu Seoul, Seoul on October 12:50, 2013, and expressed that “I am, I am the police openings, dwarf, I am the flaf, I am, I am the death,” on the ground that the police officers called “I am, I am the face of the victim D who is a police officer once a week, and am tightly, I am the victim’s face, who was a police officer once a week, and assaulted the victim E, who was a police officer, one time to walk.

Accordingly, the defendant interfered with legitimate execution of duties by police officers for crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Investigation report (or relative investigation of witnesses);

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for species;

1. Mitigation of mental disorders and injuries under Articles 10 (2) and 55 (1) 3 of the Criminal Act.

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

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 62-2 of the Probation Criminal Act asserted that the defendant was in a state of mental disorder under the influence of alcohol at the time of the crime of this case. Thus, according to the evidence as seen above, the defendant was in a state of mental disorder under the influence of alcohol at the time of the crime of this case. However, the defendant did not have the ability to discern things or make a decision. Thus, the above argument is rejected.

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