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(영문) 수원지방법원 2015.04.08 2015고단792
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 24, 2015, at around 19:45, the Defendant avoided a disturbance, such as drinking alcohol with another person with another person with the convenience store D in Suwon-si C, and making a big dispute.

Accordingly, the head of the Suwon Police Station Estation, who was called out after receiving 112 report from the employees of the above convenience store, did an assault, such as cutting off the shoulder, “I wish to do so, knife, knife,” and “I ambling the bitch bitch bitch,” and “I ambling the bitch bitch bitch, flife, flife, flife the bitch f.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. The defendant and his/her defense counsel's assertion of the relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act regarding the crime, and the choice of punishment, and Article 136 (1) of the Criminal Act. The defendant and his/her defense counsel asserted that the defendant, under the influence of alcohol at the time of the instant crime,

According to the records, even though the defendant had drinking alcohol at the time, in light of the defendant's criminal history, method, the defendant's attitude before and after the crime, the defendant did not have the ability to change things or make decisions under the influence of alcohol at the time of the crime.

Since it cannot be seen as having reached a state or weak, the above assertion is rejected.

The reason for sentencing [Scope of Recommendation] When the scope of mitigation area (special mitigation) (special mitigation) of obstruction of performance of official duties is minor, the defendant has been punished several times for the same crime, and the defendant was sentenced to a suspended sentence for four months on February 5, 2015 by the Suwon District Court for the purpose of injury and interference with business.

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