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(영문) 인천지방법원 2013.03.12 2013고단681
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 12, 2013, around 23:15, 2013, the Defendant: (a) taken the same attitude to pay the taxi fee to the taxi for business use operated by the victim D despite having no intent or ability to pay the taxi fee; and (b) taken the same attitude to pay the taxi fee to the taxi for business use operated by the victim D; and (c) taken the taxi in front of the Fung-gu Incheon Bupyeong-gu, Incheon, which is a destination, but did not pay the taxi fee of KRW 20,0

2. On January 12, 2013, the Defendant interfered with the performance of official duties, on the grounds that the said D, a taxi engineer, requested the Defendant to assist a police officer, on the grounds that the said D did not pay a taxi fee, and asked the Defendant to ask the Defendant for personal information. The Defendant assaulted the Defendant, who provided the said H, such as (i) why he would have to write his personal information within the police officer, (ii) why he would have to write his chest part of the H, and (iii) why he drinks twice the chest part of the H’s chest part, thereby obstructing the Defendant’s legitimate performance of duties concerning the service of the police officer in the global situation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against D and H [The defendant and his defense counsel asserted that the defendant was in a state of mental disorder under the influence of alcohol at the time of the crime in this case, and according to records, it is acknowledged that the defendant had drinking prior to the crime in this case, but in light of various circumstances, such as the background leading to the crime in this case, the means and method of the crime in this case, and the defendant's act before and after the crime in this case, it does not seem that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime in this case, and therefore, the defendant and his defense counsel's claim for

1. Relevant Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime

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

1. Suspension of execution of sentence Article 62(1) of the Criminal Act is the confession of the criminal defendant, and mistake thereof;

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