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(영문) 의정부지방법원 2017.01.06 2016고단4297
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

At around 06:40 on September 4, 2016, the Defendant was on the street in front of the “bat Park”, a representative engineer, who was called up after receiving the report of 112 on the street in front of the “bat Park,” which was located in Yangju City Police Station C police box belonging to the Yangju Police Station C police box, and was on board the Defendant’s vehicle driven by B according to the guidance of the patrol vehicle driven by D.

In the meantime, the above patrol vehicle stopped the patrol vehicle by making B go through the Defendant’s house equipped with the light of the vehicle, and stopped the said patrol vehicle. A police officer D, who took the patrol vehicle, expressed his bath to “I Y, I am Y, I am bling off, I am bling off, I am bling off, and assault D’s inside part by drinking, with a view to doing so by doing so.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. B written statements;

1. The investigation report (a statement of proxy engineer B);

1. The Defendant asserts to the effect that, at the time of committing the instant crime, he was under the influence of alcohol and was in a mental and physical state.

According to the records, even though the defendant was under the influence of alcohol at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the details of the crime, the attitude of the defendant, the circumstances before and after the crime of this case, etc., it is not recognized that the defendant was under the influence of alcohol, or did not have the ability to discern things or make decisions,

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (the scope of recommended punishment) is that there is no basic area (from June to January 4) (no person subject to special sentencing) (a person subject to special sentencing). (b) Defendant is under the influence of alcohol.

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