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(영문) 광주지방법원 순천지원 2014.05.30 2014고단403
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2014, at around 03:35, the Defendant: (a) took a bath to E, etc., under the influence of alcohol at the D Standards, and (b) took a disturbance upon reporting 112, and sent the disturbance, and (c) obstructed the Defendant; (b) the Defendant expressed to Assistant G “picker gate. C, a police officer, and a police officer, was assigned to her workplace,” and (c) expressed that “packer gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate her left left side side part.

Accordingly, the defendant assaulted police officers who perform legitimate duties such as prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The defendant asserts that the defendant's assertion on probation and community service order under Article 62-2 of the Criminal Act was in a state of mental disorder by drinking at the time of the instant case.

Even if the Defendant committed the instant crime under the mental and physical state of drinking more than the Defendant’s drinking volume as alleged, according to the records of the instant case, the Defendant is found to have received a summary order of KRW 500,000,000,000,000 under the influence of alcohol on December 17, 201, due to the criminal facts that interfered with the business of “I capital reduction” in the operation of the Victim H under the influence of alcohol on or around December 17, 2011; ② the criminal facts that the Defendant inflicted an injury on the VictimJ under the influence of alcohol on or around April 1, 201; ③ the fine of KRW 3 million on June 16, 201; and ③ the criminal facts that, on or around September 5, 2012, under the influence of alcohol, the Defendant sustained an injury on the part of the victim’s “Lek” in the operation of the Victim K on or around September 9, 2012.

In light of the criminal records, drinking habits, etc. of the defendant who can be known from the above facts of recognition, if the defendant is in a state of drinking exceeding the amount of alcohol, the defendant himself/herself can be seen to have withdrawn from alcohol.

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