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(영문) 광주지방법원 순천지원 2018.02.02 2017고단741
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On March 22, 2016, the Defendant was sentenced to 8 months of imprisonment and 300,000 won of fine due to the violation of road traffic law (drinking driving) in the Gwangju District Court's Netcheon Branch on March 22, 2016, and completed the execution of the sentence on October 18, 2016.

On February 28, 2017, at around 22:00, the Defendant: (a) reported the disturbance in front of D, which was sent to C, and demanded the F of the police box affiliated with C, to present his/her identification card; (b) stated, “I am s..” and continued to request the Defendant to return home, the Defendant carried out a bath to indicate his/her identification card; and (c) carried the chest part of G’s chest part of the police box affiliated with the same police box, which continuously demanded the Defendant to return home.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the investigation of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, one copy of the judgment, and one copy of the confinement status of each individual;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. On the grounds of sentencing Article 35 of the Criminal Act for aggravated repeated crimes, the punishment as ordered shall be determined by taking into account the following circumstances as well as the Defendant’s age, sex, family environment, motive and circumstances leading up to the crime, degree of violence, degree of interference with official duties in the course of execution, and circumstances after the crime.

The favorable circumstances: The defendant recognized a crime and reflects on the other unfavorable circumstances: there are many violence records against the defendant; the defendant again commits the crime of this case without being aware of the fact that he/she is committing a repeated crime; and the police officer as the counter party to the crime wishes to punish the defendant.

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