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(영문) 춘천지방법원 강릉지원 2017.10.17 2017고단1023
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 9, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Gangnam branch of the Chuncheon District Court (a violation of the Punishment of Violences, etc.) and completed the execution of the sentence at the port prison on February 1, 2017.

On September 1, 2017, the Defendant: (a) was under the influence of alcohol at D main points located in Gangnam-si C on September 1, 2017; (b) while the Defendant was under the influence of alcohol and was under the influence of noise; (c) the background F of the district unit belonging to the Gangseo-gu Police Station, dispatched upon receipt of a report by 112, controlled them; and (d) “nicks interfere with the attachment of them;

Whether or not the crime was committed;

“Along with the large interest of “,” and assaulted the F with bather bats by batling the bats of F with two hand.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. G statements;

1. A criminal investigation report (to hear statements from a witness H);

1. Previous convictions: Application of an inquiry letter, such as criminal history, investigation report (verification of the date of release of the suspect), investigation report (Attachment to the same type of judgment attached thereto), and statutes;

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

1. Circumstances unfavorable to the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes: The history of punishment for violent crimes, etc. is several times; circumstances favorable to the fact that the instant crime was committed during the repeated crime period: The degree of assault is relatively minor; and the Defendant’s age, sex, occupation, family relationship, motive and means of the crime, circumstances after the crime, etc. are considered in light of the records of the instant case and various sentencing conditions as indicated in the trial process.

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