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(영문) 광주지방법원 목포지원 2016.10.14 2016고단876
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 April 6, 2016, the Defendant: (a) around 19:04, the Defendant was under the influence of alcohol at the C restaurant located in the Yong-Gun, Chungcheongnam-do; (b) three persons, including E, etc. in charge of the military patrol box, sent out after having received a report of 112 from the host; and (c) determined that the risk of harm to himself or other people’s life, body, and property is likely to occur under the influence of alcohol; and (d) was taken as a police box of the Military Police Station, located in the Seoul Coast Guard.

On April 6, 2016, the Defendant: (a) was drunkd at the above D police box on April 19:11, 201; (b) took a bath to G during the process of the said D police box without any special reason; (c) spiting the face of the said G on one occasion; (d) spiting the part of the above D police box on the face; (c) took a bath to H on one occasion; and (d) spiting the face of the said D police box on one occasion, and committed assault by walkinging twice the part of the above H’s right-hand bucks.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on protective measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A written statement of I and J;

1. Application of Acts and subordinate statutes to criminal investigation reports (Attachment of photographs of parts damaged by violence);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant again committed the instant crime even though he had the record of being sentenced to a fine due to the same kind of crime, and that spiting the face and spiting the face of the police officer, etc. are highly likely to be subject to criticism by itself, etc.

On the other hand, the Defendant received alcohol addiction treatment for about five months, namely, the fact that all of the instant crimes are recognized and reflected, contingent crimes are committed, and that he/she agreed with police officers G during the instant trial only with G during the instant trial, and that he/she would not repeat the same crime.

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