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(영문) 광주지방법원 해남지원 2018.06.14 2018고단142
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On July 16, 2015, the Defendant was sentenced to eight months of imprisonment due to a violation of road traffic law in the support of the Gwangju District Court of Gwangju District on July 16, 2015, and completed the execution of the sentence in the Heung prison on March 15, 2016.

[2] On March 27, 2018, the Defendant: (a) was in the outline of “D” located in C on March 27, 2018; and (b) was in the position F in the position of the Eardo Police Station E District before having been dispatched to the site after having received a report on custom business-related 112; and (c) was under the influence of alcohol and without any justifiable reason.

E. E. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F., F. F. F. F.

Accordingly, the defendant interfered with legitimate execution of 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. Work at night at a district police station in the southnamdo;

1. A photo by using a fluoric photo, a CD, or a caps without any act of the fluor;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal confinement status, and application of a copy of the judgment;

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

1. Determination as to the defense counsel’s assertion of aggravated repeated crime Article 35 of the Criminal Act

1. The Defendant, at the time of committing the crime, was in a mental and physical state under the influence of alcohol.

2. In light of the circumstances and contents leading to the instant crime, the Defendant’s remarks and actions before and after the instant crime was committed, which were acknowledged by the evidence duly adopted and examined by the court, and the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

shall not be deemed to exist.

This part of the defense counsel's assertion is without merit.

Reasons for sentencing

1. One type of application of the sentencing criteria [the scope of the recommended sentence] interference with the execution of official duties (the obstruction of the performance of official duties and coercion of official duties).

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