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(영문) 의정부지방법원 2017.07.11 2017고단2572
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 8, 2015, the Defendant was sentenced to one year and six months of imprisonment for a violation of road traffic law (drinking driving) at the District Court of the Jung-gu District on the charges of violation of road traffic law, and completed the execution of the sentence in the previous major prison on March 8, 2017.

Criminal facts

On June 4, 2017, around 05:36, the Defendant was under the influence of “D” entertainment drinking places prior to the Defendant’s government, and was under the influence of alcohol, the Defendant was punished for the said entertainment drinking places employees and city expenses.

Therefore, even though the above employee was dispatched to the police officer F, etc. belonging to the Jung-gu Government Police Station E District, the defendant was able to take a bath to the reported employee and to take a threat against him/her, he/she was subject to restraint from the police officer.

The Defendant, who was in flick, took a bath to Fman, and assaulted F's face side with a bad hand once.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. On-site photographs and a detailed statement of the case reported;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to personal confinement status);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] In the case where the degree of interference with the execution of official duties is minor (i.e., one month to eight months) in the mitigated area (i.e., the special mitigated person] (i., one day), assault, intimidation, deceptive scheme, or public duties in the area of mitigation (i.e., a special mitigated person), the defendant has more than 15 criminal records of violence, and there are two criminal records of interference with the execution of official duties among them, and even if he has been sentenced to a criminal offense due to interference with the execution of official duties, there has been two criminal records of interference with the execution of official duties among them, and even if he has been sentenced to a criminal offense due to interference with the execution of the punishment of this case, it is inevitable to punish him with the crime of this case

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