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(영문) 청주지방법원 영동지원 2016.11.24 2016고단111
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 18:50 on July 7, 2016, the Defendant, under the influence of alcohol, abused the face of the said F on one occasion, without any justifiable reason even though he received a report from N and G, a police officer belonging to the Rocheon Police Station E Zone E Zone, who was called for, and received a notification from N and G to the effect that N and E, who had no capacity to discern things or make decisions.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

2. Under Articles 10(2) and (1), and 55(1)3 of the Criminal Act mitigated legally (in light of the fact that a mentally ill person, a person with a mental disability, the defendant appears to have been in a state of drinking alcohol at the time of committing the instant crime, and the damaged police officer also testified that the defendant had expressed an attitude of opporting and drinking alcohol at the time of committing the instant crime, it is deemed that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime)

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction elements of punishment according to the sentencing guidelines for the crimes of obstruction of performance of official duties (a person who has been specially punished): In cases where the degree of assault is insignificant (a person recommended field and punishment), mitigation area, and imprisonment for not more than eight months;

2. Since the crime of obstruction of performance of official duties, such as this case’s sentence, is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, there is a need for strict punishment in order to establish national legal order and eradicate the light of public authority.

On the other hand, the defendant committed the crime of this case in a state of mental disability under the influence of alcohol.

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