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(영문) 대전지방법원 서산지원 2016.02.16 2015고단823

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 17, 2015, the Defendant: (a) received a report from 112 while drinking alcohol in the vicinity of a bus terminal located in the Sinsi-si, Sinsi-si on August 23:35, 2015; and (b) received a control from a slope D belonging to the Cdistrict of the Singu Police Station, E, and went home with the aforementioned D and E, and went home.

피고인은 같은 날 23:46 경 당 진시 송악 읍 반촌 리에 있는 당진 톨 게이트 앞에 이르러 특별한 이유 없이 “ 씹 할 놈 아, 짭새면 다냐,

Han Dok Man Doz

“Preaming” and assaulting a policeman E’s face on the rear seat of the patrol vehicle at two times with his/her left hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives and bodies and the maintenance of public order.

Summary of Evidence

1. The Defendant’s partial statement in court (which claimed that the Defendant had been physically and mentally deprived at the time of the instant case, but in full view of the background leading up to the instant crime, method of crime, Defendant’s speech and behavior before and after the instant crime, it cannot be deemed that the Defendant was physically and mentally deprived of his mind beyond the physical and mental weakness at

1. Statement made by the police for E;

1. A copy of the 112 reported case handling list; and

1. Application of Acts and subordinate statutes on the face of violence;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act assaults a police officer who helps him return home, with a concern about his safety, and such crime is not good, is unfavorable to the defendant. The defendant committed the crime of this case under the mental and physical weakness by drinking as a primary offender, and that he deposited KRW 50,000 for patrolman E is favorable to the defendant.

In addition to the above circumstances, the records of this case and the theory of change.