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(영문) 서울남부지방법원 2017.11.22 2017고단4382
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On July 2, 2017, the Defendant obstructed the performance of official duties, at the lower end of the Seoul Yeongdeungpo-gu Police Station located in 608, as Seoul, the National Assembly of Yeongdeungpo-gu, Seoul, Seoul, on July 2, 2017, the Defendant: (a) received a report from a taxi engineer who was under the influence of alcohol and was reported to the lower part of his/her clothes; and (b) received a demand from the police station affiliated with the Seoul Young-gu Police Station of Yeongdeungpo-gu, Seoul, Seoul, which called the said place to set off his/her clothes; and (c) committed assault by the Defendant, by hand, committed the Defendant’s assault, such as displaying his/her mountain flabed on his/her hand, and

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order.

2. Around July 2, 2017, the Defendant: (a) around 22:55 on July 2, 2017, while there are other police officers and arrested persons at the office of team E team of the Seoul Yeongdeungpo Military Police Station E Team located in 608 as the Seoul Yeongdeungpo-gu Seoul National Assembly, Yeongdeungpo-gu Seoul National Assembly, Yeongdeungpo-gu, Seoul, and the Defendant: (b) on the victim D, “I am flap gu

N. N. N. police:

The victim was openly insulting, such as guar guar guar guar guar.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F, G, H and D;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defense counsel on the assertion of mental and physical weakness under Article 62-2 of the Criminal Code of the community service order had a mental and physical weakness under the influence of alcohol at the time of this case

The argument is asserted.

According to the records, the defendant was found to have been under the influence of alcohol at the time of committing the crime of this case, but in light of various circumstances such as the circumstances, means, and the defendant's behavior before and after the crime of this case, which are acknowledged by each evidence adopted and investigated by the court.

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