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(영문) 광주지방법원 목포지원 2017.01.13 2016고단1116
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 15:00 on August 31, 2016, the Defendant: (a) was under the influence of alcohol in the front of D on the so-called “a person under the influence of liquor,” and (b) committed assault to F and G by a policeman affiliated with the Bana Police Station E box called “a person under the influence of a person under the influence of a horse,” who was under the influence of a police officer and G police officer under the influence of a string the Defendant, and (c) brea the said F and G under the influence of a string of the Defendant, and committed assault to said F and G three times of drinking, and to catch the f with the said F’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s bat.

As a result, the defendant interfered with the legitimate execution of duties by police officers with regard to the dispatch of 112 reported police officers.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to F and G;

1. A H statement;

1. A report on investigation ( telephone conversations with a witness);

1. Application of the Acts and subordinate statutes governing the service of the 112 case handling slips and E boxes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been sentenced several times as violent crimes, committed the crime of this case, is disadvantageous to the defendant, or that the defendant recognized the crime of this case and reflects it, the defendant did not have any record of punishment as a crime obstructing the performance of official duties, and the defendant did not have any record of punishment exceeding the fine, and the defendant seems to have displayed drinking to the police officer, attempted to breath to breath him, and was under pressure to police officers, and it seems that he did not actually did not price the police officer, and that the degree of violence was minor, considering the circumstances favorable to the defendant, such as the defendant's age, environment, sex, motive and means of the crime, circumstances after the crime, etc., as a whole.

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