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(영문) 광주지방법원 순천지원 2018.10.26 2018고단1349
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On January 12, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for interference with business in the Gwangju District Court's Netcheon Branch on May 11, 2016 and completed the execution of the sentence in the Gwangju District Court on May 11, 2016.

The Defendant, at around 13:50 on April 13, 2018, was under the influence of alcohol at the front of a police box in C, which is located in B at around 13:50 on April 13, 2018, went out of D, a policeman affiliated with the above police box, who was under the influence of alcohol.

“D” entering a police box with a hand-to-saw, flabing D’s hand, flabing D’s hand-to-be, flabing D’s flab, flabed E, and killed.

"Freh" was sound.

Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. The CD;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as summary written orders, text of judgment, personal confinement status, criminal history, etc.;

1. 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. In light of the favorable circumstances, the following: (a) the degree of assault against police officers on the reason for sentencing Article 35 of the Criminal Act is not severe; and (b) police officers D do not want to punish the Defendant.

Along with the fact that there are many criminal records of violence against the defendant, and the defendant was guilty of obstructing the performance of official duties, the defendant committed the crime of this case again even though he was punished by a fine, and the defendant committed the crime against multiple police officers, considering the fact that he committed the crime of this case.

In addition, in consideration of such circumstances and the defendant's age, sex, health conditions, home environment, motive and circumstances of the crime, the degree of interference with police officers in performing their duties while performing their duties, and the circumstances after committing the crime, the punishment as ordered shall be determined.

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