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(영문) 청주지방법원 제천지원 2016.10.27 2016고단382
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On July 29, 2016, around 20:35, the Defendant engaged in obstruction of performance of official duties: (a) assaulted the police officer F, who was dispatched to the site upon receipt of a report from 112 on the 112 fight, to “whether or not she will report this sweet sweet sweet sweet sweet sweet sweet sweet sweet sweet sweet sweet sweet sweet swelth swelth sweet sweet swelth swelth swelth swelth swelth swelth swelth swelth swelth swelth

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting duties.

2. On July 29, 2016, around 20:35, the Defendant damaged goods for public use by public offices to remove H from the I patrol vehicle to the left-hand side after a police officer was aboard the Defendant’s daily H, in order to have the Defendant returned home to the Defendant, and thereby, damaged goods used by public offices so that the repair cost of KRW 20,000 is equivalent to KRW 20,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to the F and J;

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act and Article 141 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for each crime;

1. The defendant and his defense counsel asserts that, among concurrent offenders, the punishment should be mitigated because the defendant is in a state of mental disability because he was under the influence of alcohol at the time of committing the crime in this case, the defendant is in a state of mental disability and thus, the punishment should be mitigated.

In light of the background and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s statement attitude, etc., which were duly adopted and examined by the court, even if the Defendant was under the influence of alcohol at the time of the instant crime, the Defendant lacks the ability to discern things or make decisions.

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