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(영문) 인천지방법원 부천지원 2016.02.02 2015고단3094

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On November 19, 2015, at around 01:05, the Defendant: (a) reported 112 on the ground that he knifeed his clothes in front of the Defendant’s residence located in Seocheon-gu, Seocheon-si; (b) and (c) heard that he would cause hospital treatment by using a slope affiliated with the 119 emergency vehicle affiliated with the same police station E, and from a slope affiliated with the F of the same police station, he used the 119 emergency vehicle; and (d) assaulted the head of the shoulder rank and the knife of the above G, the head of the knife and the knife of the knife to 3 to 4 times in his hand, and used the chest part to 3 to 4 times in his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Application of the Acts and subordinate statutes governing scams of the victim self-harm;

1. Article 136 (1) of the Criminal Code of the relevant criminal facts (the defendant and his/her defense counsel asserted that he/she was in a state of mental and physical weakness under the influence of alcohol at the time of the crime in this case. Thus, according to each of the above evidence, even though he/she was aware that he/she had drinking alcohol at the time of the crime in this case, it cannot be deemed that he/she was in a state where he/she lacks the ability or intent to discern things due to such fact.

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;