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(영문) 서울중앙지방법원 2016.07.21 2016고단3004
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

On May 17, 2016, the Defendant, at around 22:40 on May 17, 2016, entered the Seoul Southern Police Station D police box located in Jung-gu Seoul Metropolitan Government, without any justifiable reason, and was notified of alcoholic beverages, such as spiting them on the floor, taking a bath.

피고인은 같은 날 23:00 경 안전한 귀가를 위하여 위 D 파출소 소속 순경 E, 경위 F, 경사 G과 함께 지하철 2호 선 을지로 입구역까지 이동하던 중, 서울 중구 H에 있는 I 극장 앞 노상에 이르러 “ 야 개새끼야, 니 미 씹이다. 짭새 새끼 지랄하고 자빠졌네

“Along with the desire of “,” the Belgium was provokinged, threatening E, and assaulted at one time by drinking the left eye of E that restrains it.

As a result, the defendant interfered with legitimate execution of duties concerning police officers' protection measures and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Justice’s written law to police statements

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the following conditions are favorable):

1. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol.

Therefore, according to the records, the fact that the defendant was under influence of alcohol at the time of the crime of this case is acknowledged, but due to that, there was no or weak ability to discern things or make decisions.

As such, the above assertion is rejected.

Reasons for sentencing

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (six months to one year and four months) (the prevention of interference with the performance of official duties and the coercion of official duties) shall be limited to the category 1 (the prevention of interference with the performance of official duties).

2. Circumstances unfavorable to a ruling of sentencing: The defendant is under the influence of alcohol;

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