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(영문) 인천지방법원 2014.07.09 2014고단3036
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

1. On March 15, 2014, at around 01:09, the Defendant heard from D’s police officers belonging to the Jungbu Police Station C District of Incheon Jung-gu Police Station called “I am to help you see what is the reported?” and without any reason, expressed the above D’s desire to read “I am to the police of width, I do not have the same police. I do not have the same police.” On the other hand, the Defendant assaulted the above D’s base part at one time on the test color box, which was used in his hand, and interfered with the legitimate execution of duties regarding D’s order, such as assaulting the back part of the above D’s backline once.

2. The Defendant discovered police officers E belonging to the Incheon Central Police Station C District District of the Incheon Central Police Station where he/she had taken his/her aforementioned act of assault at the time and place mentioned in the preceding paragraph, and obstructed the Defendant’s lawful execution of duties in relation to the maintenance of order and criminal investigation of the above E, such as “I am feas, I am feas, I am fas with the Defendant’s left hand, and amfascing the head of the above E with his/her left hand, and assaulted once on the part of the head of the above E.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to E and D;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant's defense counsel on the assertion of defense counsel under Article 62 (1) of the Criminal Act asserts that the defendant was in a state of mental disorder by drinking at the time of the crime in this case.

In light of the records, it is recognized that the defendant had been drinking a considerable amount of alcohol at the time of committing the instant crime, but on the other hand, in light of the circumstances such as the background leading up to the instant crime recognized by the records and the defendant's behavior before and after the instant crime.

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