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(영문) 부산지방법원 2017.09.05 2017고단3479
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On June 7, 2017, the Defendant: (a) was under the influence of alcohol on the road front of L control points located in the Kimhae-si, Kimhae-si; (b) “A drunk is under the influence of alcohol on the road”; (c) the Defendant, upon receiving a report from 112, recommended a policeman belonging to the Gondo Police Station M on the Kimhae-si, who was called up, to have the Defendant returned to the Defendant, and obstructed the movement of the vehicle by standing on the front of the defective patrol vehicle that intends to go to go to the patrol vehicle.

Defendant 1 committed assault, i.e., to have the above N move to India, on the part of the Defendant: (a) the Defendant: (b) the Defendant she: (c) she: (d) she: (a) she flicked the n on the part of her head; (b) flicked the n on the part of n on the part of her head; (c)

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police;

1. Application of the photographic Acts and subordinate statutes;

1. The Defendant asserts to the effect that, at the time of committing the crime, the Defendant was in a state of mental and physical weakness or loss of mind and body by drinking alcohol, as to the Defendant’s assertion on the criminal facts under Article 136(1) of the Criminal Act, and imprisonment.

According to the records, although the defendant is recognized as having a little alcohol at the time of the crime, it does not seem that the defendant had no or weak ability to discern things or make decisions. Therefore, the above assertion is rejected.

Although there is a history of punishment 18 times or more including the power of the same sentence to the defendant for the reason of sentencing, and the defendant is under trial due to domestic violence (this court 2017No. 2431: the defendant was sentenced to four months by imprisonment with labor at the Busan District Court on June 16, 2017 and appealed for a violation of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, and is still pending in the appellate court trial), again committing the crime of this case is disadvantageous

The defendant seems to have an attitude to recognize and reflect the facts of crime.

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