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(영문) 대전지방법원 2017.08.21 2017고단2245
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2017, at around 02:55, the Defendant: (a) was in the Dong-gu, Daejeon-gu, Daejeon-gu; (b) in the street room front of the C convenience store; (c) was in a dispute with D-Japanese; and (d) upon receiving a report from 112, the police officers, such as the Assistant F, etc. belonging to the Daejeon Dong-dong Police Station E-gu, Daejeon-gu, who called “at least ten students desire to gather and are running,” were on board the GV driver’s seat under the influence of alcohol.

The Defendant: (a) the foregoing F, which was likely to drive under the influence of alcohol, was defective from the vehicle; (b) the police officers, such as F, etc., “I am the weathers after the test.”

The phrase “I” that we need to grow up, and that F will not take a bath.

At the same time, the mobile phone-to-face part of the F's right side was cut off on the floor by the defect in shooting the cell phone with the f's cell phone, and the f's hand.

As a result, the Defendant assaulted F and interfered with the legitimate execution of duties of police officers on the handling of reported cases and the prevention of drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A self-statement prepared for H;

1. Application of Acts and subordinate statutes to investigation reports, the 112 Report Processing List, and the E District Office Work Regulations;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. According to the evidence duly adopted and examined by this court as to the assertion of mental and physical disorder under Article 62-2 of the Social Service Order Criminal Act, it is deemed that the Defendant was in a state of drinking alcohol to a certain extent at the time of the instant crime, but in light of various circumstances such as the background leading to the instant crime, the means and method of the crime, and the Defendant’s behavior before and after the instant crime, it cannot be deemed that the Defendant did not have the ability to discern things or make decisions due to drinking alcohol at the time of the instant crime, and thus, the Defendant’s mental

The reasons for sentencing are as follows.

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