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(영문) 광주지방법원 2013.07.23 2013고단2066
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 20, 2013, the Defendant: (a) around 07:30 on 07:0 on 205, and around 07:30 on 2005, at the Gwangju Southern Police Station C police box located in Nam-gu, Gwangju, for police officers carrying out duties while drunking alcohol and avoiding disturbance, and (b) prevented police officers from carrying out their duties.

The Defendant expressed a desire to “this Chewing feas, knife, no knife, and knife,” and expressed three times a civil petition receipt unit in drinking, and as a result, assaulted the above D’s platform once.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order in police stations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of on-site photographs and statutes governing damage photographs;

1. As to the Defendant’s assertion on the pertinent Article of the relevant criminal facts and Article 136(1) of the Criminal Act on the selection of punishment, the Defendant asserts that he/she was in a state of mental disorder or mental retardation by stating that he/she was in a state of mental disorder or mental retardation at the time of committing the instant crime. As such, according to the records of this case, it is recognized that the Defendant had drinking alcohol at the time of committing the instant crime, but the Defendant did not have the ability to discern things or make decisions.

The defendant's above assertion is not accepted as it seems to be in a state or weak condition.

The reason for sentencing is that the defendant was sentenced to a suspended sentence of 206 in August of 2006 for the crime of obstruction of performance of official duties and was sentenced to 6 months of imprisonment in 2008. Besides, there are more than 10 times the records of punishment for the crime of interference with business, the crime of property damage, the crime of violation of the Punishment of Violences, etc. Act, and the suffering of police officers and neighboring residents is deemed to be considerable, and it is deemed that the behavior of violence after drinking seems to have occurred. Therefore, a sentence of punishment is inevitable.

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