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(영문) 대전지방법원 서산지원 2017.02.03 2016고단852

공무집행방해

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 24, 2016, the Defendant, at the main point of “C” located in Seosan-si B on November 24, 2016, received 112 a report from a male guest to the main point, and received a demand for returning home from the border E belonging to the Chungcheongnam-gu Police Station D, Seosan-gu, Busan, the Defendant used a bath theory, such as “Seman police spling off,” and assaulted the above E, such as sprinking off and walking off three-time bridges.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written statement;

1. Application of the 112 Report Processing List, D District Service Points, and the video CD-related Acts and subordinate statutes;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that he was in a state of mental or physical weakness or loss by drinking at the time of committing the instant crime. Thus, according to the records, the Defendant was aware of drinking at the time of committing the instant crime, but in full view of the circumstances such as the background and result of the instant case, the Defendant’s behavior before and after committing the crime, it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions, and thus, the above assertion cannot be accepted.

The circumstances that are disadvantageous to the reasons for sentencing: The degree of assault is relatively minor, the primary offender is very weak, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are committed, and all of the sentencing factors specified in the arguments in this case, such as the circumstances after the crime, etc., shall be determined as the same as the order.