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(영문) 광주지방법원 목포지원 2017.08.29 2017고단7
공무집행방해등
Text

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

Reasons

Punishment of the crime

[criminal records] On October 14, 2014, the Defendant was sentenced to imprisonment with prison labor for a period of one year and six months by obstructing the performance of official duties in the Eastern District Court, and completed the execution of the sentence on March 2, 2016.

[Criminal facts]

1. On September 20, 2016, the Defendant: (a) 11:33 on September 20, 2016, at the Youngnam Police Station D police box located in Youngnam A, the Defendant: (b) franced the victim E (S) with coffee and franced the victim without any reason under the influence of alcohol.

2. Around 11:42 on the same day, the Defendant: (a) tried to continue to go to the above E even after scisfing the coffee to the said E; (b) was subject to a removal from F of the above box, the circumstances and circumstances belonging to G of the above box, and the security guards; (c) the Defendant, by hand, scke the above F’s scke at one time; and (d) took one time the snow part of the above G.

Accordingly, the defendant assaulted police officers, thereby hindering police officers from performing their legitimate duties on the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to I, E, F, and G;

1. Each investigation report (the sequence 9, 11 of the evidence list);

1. Previous convictions in judgment: An investigation report (verification of the history of a criminal suspect repeated crime), application of Acts and subordinate statutes to inquire about criminal history;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act (the point of interference with the execution of official duties) of the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. On the third trial date, the defendant and his defense counsel stated to the effect that the defendant does not memory under the influence of alcohol at the time of recognizing the facts charged, and that this is examined with mental, physical or mental weakness or loss of mind and body.

However, according to the evidence adopted and examined by the court, the defendant is deemed to have been under the influence of alcohol at the time of the instant case, but the background, means, and crimes of the instant crime.

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