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(영문) 광주지방법원 2018.12.13 2018고단4341

특수공무집행방해

Text

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

On October 28, 2018, the Defendant, at around 16:09, at the Southern G Police Station Embox around 16:09, dispute with the deceased and wounded for about 30 minutes prior to the instant Embox, who was a public official of the police who belongs to the above Embox, and who was returned home by F and G, has issued the above police officers with her inside.

The inside of the Republic of Korea is to killer.

“In the end of this Agreement, transitionage (the total length of 24 cm plus 13 cm in length) on the part of the owner’s money on his own.

In addition, the above police officers committed the lawful performance of their duties by carrying dangerous articles and carrying them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A protocol of seizure and a list of seizure;

1. Each photograph (the sequence 7,18 of the evidence list);

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. As to the assertion by the defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the defense counsel asserts to the effect that the defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime. However, in light of the background leading to the instant crime, the means and methods of committing the instant crime, the circumstances after committing the instant crime, etc., the defendant was under the influence of alcohol so as to avoid things or lacks the ability to make decisions.

Therefore, we cannot accept the above argument.

[Determination of Type] The Reasons for Sentencing [Determination of Type] 1 (Obstruction of Performance of Official Duties and Compelling of Duties) [Special Sentencing Persons] - Where the degree of interference with performance of official duties of mitigated factors is minor, [Determination of the territory of recommendation] In the basic area [the scope of recommendation] from June to one year and six months [the person who is subject to general sentencing] - the person who is planned to commit the above aggravated factors [decision of sentence].