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(영문) 대전지방법원 2016.10.26 2016고단1486
공무집행방해등
Text

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

Reasons

Punishment of the crime

On June 5, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. by the Daejeon District Court and completed the execution of the sentence in the Daejeon Prison on January 26, 2016.

Criminal facts

[2016 Highest 1486] On May 1, 2016, the Defendant: (a) took a bath while drinking in the D District District of the Daejeon District of the Daejeon District Police Station, Seo-gu, Daejeon, Seo-gu, Daejeon; (b) prevented the front of the patrol to be called to the site after receiving a 112 report while avoiding disturbance; and (c) obstructed the Defendant’s legitimate execution of duties concerning E’s duties, who is a public official, by cutting off the E’s arms from the patrol officer belonging to the said District; and (d) cutting off them down from E to the site.

[2016 Highest 3139] The Defendant was under the influence of around 04:05 on May 1, 2016 and under the influence of alcohol concentration of 0.167% on blood alcohol level, the Defendant driven a FM5 vehicle up to the front of the PC distance in front of the PC located in the PC located in the Seo-gu, Daejeon.

Summary of Evidence

[2016 Highest 1486]

1. Defendant's legal statement;

1. Statement made by the police to E [2016 order 3139];

1. Defendant's legal statement;

1. Report on detection of a driver of the driving school (before the market): Application of Acts and subordinate statutes such as criminal records, etc. inquiry reports, investigation reports (report on the date of release from the school, confirmation of the date of release from school

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes: Cases of assaulting a police officer in the course of performing official duties, the fact that he/she committed a crime that is committed during the period of repeated crimes, the fact that he/she committed a crime that is advantageous to him/her: The fact that he/she is not much serious

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