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(영문) 서울북부지방법원 2015.09.23 2015고단2486
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

피고인은 2015. 6. 24. 01:41경 서울 동대문구 B에 있는 ‘C’ 앞 노상에서 술에 취하여 잠을 자다가 112 신고를 받고 출동한 서울동대문경찰서 D파출소 소속 경장 E로부터 “선생님, 집에 들어가세요”라는 말을 듣자 갑자기 “니가 뭔데 집에 가라고 하냐 경찰관이면 다냐 개새끼들아 열중 셧! 차렷”이라고 소리치며 주먹으로 위 E의 얼굴 부위를 1회 때리고, 발로 오른쪽 다리 부위를 1회 걷어찼다.

As a result, the Defendant interfered with the legitimate performance of duties by police officers on 112 reporting duties and maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. As to the Defendant’s assertion of the suspended sentence under Article 62(1) of the Criminal Act, the Defendant alleged that he was in a state of mental disorder or mental disorder by stating that he was in a state of mental disorder or mental disorder by being drunk at the time of committing the instant crime. As such, according to each of the above evidence, even though he was found to have drinking alcohol at the time of committing the instant crime, he did not have the ability or ability to make

The above assertion cannot be accepted as it seems to be in a state or weak condition.

The reason for sentencing [Scope of Recommendation] The basic area of the obstruction of the performance of official duties (in June to January 14), the basic area (in June to April), the sentencing range of the sentence and the recommended sentencing range: the crime of the obstruction of the performance of official duties in June to 14 [Pronouncement Decision] is a crime that undermines the national function by nullifying the legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime in order to establish the legal order of the state and eradicate the light of the public authority.

However, the defendant is committing the crime of this case, and his mistake is divided and reflected, and the defendant is also the defendant.

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