beta
(영문) 청주지방법원 2017.09.19 2016고단2336

특수공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Around 18:55 on September 30, 2016, the Defendant, under the influence of alcohol in the state of a eroporaculation and alcohol dependence, and thus lacks the ability to discern things or make decisions, and upon receiving a report of rent in the E 205 room located in Cheongju-si, Cheongju-si, Gaman belonging to the F District Unit of the Police Station equivalent to the police station dispatched after being asked by H about the circumstances of the instant case and making a substitute answer by him/her, Gaman, who is a dangerous object on the phish, and Ga and H, and Ha will die and die in the face of the said G and H.

“ ............. acting as an agent and threatened..

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Reports on internal investigation and virtual photographs, and investigation reports (E counterpart investigation into the owner of the business, and attaching a list of cases subject to reporting 112);

1. Application of each medical certificate and each written confirmation of hospitalization to Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 144 (1) and 136 of the Criminal Act concerning the choice of punishment;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act in the Nowon-gu District Court sentenced on October 22, 2015 to two years of the suspension of the execution of imprisonment for injury to the Defendant, which was finalized on April 29, 2016, and the judgment became final and conclusive on April 29, 2016, and again committed a second offense during the suspension of the execution of the sentence. However, the Defendant committed a second offense in favor of the police when the Defendant was called to the police under the influence of depression and alcohol, and the circumstance where the police was forced to take advantage of his ability to protect the police due to the influence of depression, and the Defendant was under long-term treatment by being hospitalized at the mental and hospital around the instant case at his own discretion, and the Defendant was able to repent his wrong.