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(영문) 창원지방법원 2017.10.13 2017고단2574

공무집행방해

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On April 21, 2017, the Defendant was under the influence of alcohol in the vicinity of the bus stops located in front of the 726 shop apartment complex located in the Changwon-gu, Sungwon-si, Sungwon-si. However, upon receiving a report from 112, the Defendant was urged to return home from the police officers assigned to the police station B police box located in the Changwon-gu, Seoul Special Metropolitan City, who called at the site and was waiting for the Defendant’s family.

Recognizing the word “A” and speaking “Neman Lath”, she took one time at the left face and eye of the above C due to a bad hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning prevention and suppression of crimes, public peace and maintenance of order of C who are police officials.

Summary of Evidence

1. Statement by the defendant in court;

1. The Defendant alleged to the effect that the Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime. However, in light of the criminal background, content and method of the crime, Defendant’s conduct before and after the instant crime, etc., which may be duly admitted and examined by the court, the Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, the above argument cannot be accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the defendant, include the following: (a) the Defendant’s mistake in depth and reflects his fault; (b) the relevant police officer wanting to take the Defendant’s wife; and (c) the Defendant has no criminal record of the same kind; and (d) the Defendant has no special criminal record other than that for which a fine has been imposed several times.

On the other hand, the obstruction of the performance of official duties not only interferes with the function of the state's legal order by nullifying the legitimate exercise of public authority, but also the safety of the general public.