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(영문) 청주지방법원 제천지원 2017.04.20 2017고단75

공무집행방해

Text

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

Reasons

Punishment of the crime

[criminal records] On December 4, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and completed the execution of the sentence on April 24, 2016.

[2] On March 9, 2017, on the road of "D" food in Jeju City around 20:20, the Defendant: (a) was asked to return home from police officers F, etc. belonging to the Incheon Police Station E District, which was called by the Defendant after receiving a report of 112 that he was drunkly driven; and (b) took a bath to the above F, by stating, "I f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The CD;

1. An explanation of each photograph (the record of the crime in its holding);

1. Written inquiry about criminal history, etc.;

1. Court rulings;

1. Application of Acts and subordinate statutes concerning personal confinement;

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. The Defendant and his defense counsel asserts that the punishment should be mitigated on the grounds that the Defendant was in a state of mental and physical weakness by drinking alcohol at the time of committing the instant crime.

In light of the background and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s attitude of statement, etc. acknowledged by the evidence duly adopted and examined by the court, the Defendant was under the influence of alcohol to a certain extent at the time of the instant crime.

Even if so, there was a lack of ability to discern things or make decisions.

shall not be deemed to exist.

Defendant

The above assertion by the defense counsel is not accepted.

In full view of the circumstances below the reasons for sentencing and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, it is ordered as ordered.