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(영문) 대전지방법원 2013.05.30 2013고단333
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 20, 2013, the Defendant: (a) stated that the Defendant returned home from two police officers, such as a slopeF, etc., of the victim working in the Daejeon Middle Police Station E-gu Daejeon, Daejeon, the Defendant opened the victim’s two ranks by hand; (b) opened the victim’s two ranks; (c) sealed the victim’s breath; and (d) obstructed the victim’s lawful performance of duties, such as crime prevention, criminal investigation, etc., by taking one occasion of the victim’s left shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the G’s written Acts and subordinate statutes;

1. The defense counsel's defense counsel's assertion on the pertinent Article of the relevant criminal facts and Article 136 (1) of the Criminal Act regarding the defendant's assertion that the defendant was in a state of mental and physical disability under the influence of alcohol at the time of the crime of this case. Thus, according to the records, the defendant was treated as a person with alcoholic respect, and the defendant was under the influence of alcohol at the time of the crime of this case, although it is recognized that the defendant was under the influence of alcohol at the time of the crime of this case, it does not seem that the defendant lacks the ability to discern things or make decisions, and thus, the above argument

In light of the fact that the defendant was sentenced to suspended sentence due to the crime of obstruction of performance of official duties, there is an enemy who has been sentenced to a suspended sentence due to the act of violence, etc., and that the defendant committed the crime of this case while taking advantage of his status, even though he was sentenced to treatment of the existing tendency of alcohol, it is inevitable to punish the defendant corresponding to this.

However, the punishment was determined as above, taking into account the reflection of the crime of this case, and the result of the injury, damage to property, etc. has not occurred.

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