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(영문) 광주지방법원 목포지원 2017.06.08 2017고단336
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

The Defendant, at around 02:18 on January 26, 2017, recommended the Defendant to return home from G to a police officer or patrol officer belonging to the wooden Police Station Emba, a police station, who was called by a male upon receiving a report of 112 that “I am under the influence of alcohol and fright to move home,” but under the influence of alcohol, “I Ga Ga Ga Ga, and police station Ga Ga Ga Ga Ga, unless I am under the influence of alcohol.”

“Along with the noise of the noise, the noise of the corridor glass, etc., the noise of the noise was caused at one time by drinking to the above F who was subject to the removal from the noise of the noise.

Accordingly, the Defendant assaulted F and interfered with the police officer's legitimate execution of duties concerning the handling of reports and crime prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

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

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. As to the Defendant’s assertion of the Defendant under Article 62-2 of the Criminal Act on the observation of protection and observation, the Defendant was in a state of severe loss or mental or physical weakness under the influence of alcohol at the time of committing the instant crime.

The argument is asserted.

In light of the above evidence, even though the defendant was in a state of drinking at the time of committing the crime of this case, it does not seem that the defendant did not have any or weak ability to discern things or make decisions. Thus, the defendant's above assertion is rejected.

The reason for sentencing [Scope of Recommendation] The basic area (6 months to 1 year and 6 months) of the basic area (6 months to 1 year and 6 months) [no person subject to special sentencing] [decision of sentence] although the defendant was subject to criminal punishment twice for the same kind of crime, considering that the defendant is aged, the degree of assault against the police does not seem to be more severe, and the defendant is against the crime of this case, and all the arguments are shown.

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