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(영문) 대전지방법원 홍성지원 2016.11.08 2015고단702

공무집행방해

Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 1, 201, the Defendant was sentenced to imprisonment with prison labor for a crime of attempted special robbery in the Daejeon District Court Red Branch on September 1, 201, and completed the execution of the sentence in the Daejeon Prison on January 12, 2013.

【Criminal Facts】

At around July 27, 2015, when the Defendant was unable to discern things or make decisions due to interference with alcohol use, the Defendant committed assault by the police officer, such as E, etc., who was outside of the police box where the police officer, etc. was assigned to the police box, and who was able to take a shoulderer soldier who was used by the Defendant before the police box, and talked on the reason that he would escape a disturbance before the police box, while taking a bath to “A police officer’s rings, whether he was able to see, or she was to go back,” and assaulted at one time at the right side of the above E by drinking to the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The statement by the police of the F and E;

1. A copy of the service log of a police box;

1. Field photographs, etc.;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports, investigation records for individuals, and current status of confinement or confinement of individuals;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing of Article 10(2) and Article 55(1)3 of the Criminal Act for mitigation of mental illness (the result of a mental diagnosis by a medical treatment and custody center) (Article 10(2) and Article 55(1)3 of the Criminal Act (the mental diagnosis by a medical treatment and custody center), which the defendant suffered from her early illness or alcohol-using disease, appears to have been serious due to the Defendant's drinking condition, her conditions such as her condition of symptoms, her conditions, and the Defendant's statement attitude or content immediately after the crime was committed, it is recognized that the Defendant was in a state where the ability to discern things or make decisions was weak at the time of the crime) (the scope of recommending punishment] The mitigated area of obstruction of performance of official duties (a