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(영문) 대전지방법원 2017.12.15 2017고단2330

공무집행방해

Text

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

Reasons

Punishment of the crime

On June 14, 2017, at the D community service center located in Seo-gu, Daejeon on the 11:40 on June 14, 2017, the Defendant: (a) under the influence of alcohol, made the resident registration and name to the personnel of the public service center of the above Do community service; (b) “G (51 tax) and H (27 tax) with a police officer belonging to the F District of the Daejeon Seo-gu, Daejeon, Daejeon, who was dispatched upon receipt of a report on around 12:28 on the same day, continued to see the Defendant and listen to the circumstances of the case; (c) with Gap’s own hand and sealed the said G's arms with the desire of being sealed, “fatch, fatch” with his her string, bating the fat, bating the fat, so that he can cause the shock, and continuously divided it over the hume’s mheat, thereby spreading it.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, investigation, etc. of police officers' crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the accused;

1. Protocols of the oral statement related to G;

1. A written statement of I and H;

1. Application of CCTV image Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. As a result of the mental appraisal of the defendant for the reason of sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental and physical weakness, the defendant is in a state of mental and physical weakness due to early illness.

It seems that these mental illness of the defendant was one of the causes for the crime of this case.

However, in spite of the past criminal history of the same kind of crime, the defendant demanded that it is difficult to reasonably understand without any reason, and did not accept and support his demand, and used violence against the dispatched police officer.