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(영문) 서울중앙지방법원 2017.02.09 2016고단9098

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 27, 2016, at around 00:45, the Defendant: (a) discovered 31-lane in front of the civil petition office of the Seoul Regional Police Agency, the Seoul Regional Police Agency, which was in security service, and without any justifiable reason, d's bath, such as illness, weather, shot, etc., to the above D, etc.; and (b) committed assault on three times the right side of the said D with its hand floor as he was removed from the above D.

As a result, the defendant interfered with legitimate execution of duty of guard duty of auxiliary police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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

1. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol at the time of the instant crime.

Therefore, according to the records, the fact that the defendant was under influence of alcohol at the time of the crime of this case is acknowledged, but due to that, there was no or weak ability to discern things or make decisions.

As such, the above assertion is rejected.

In light of the background, method, etc. of the instant crime that the Defendant used to assault an auxiliary police officer without any reason under the influence of alcohol, the nature of the crime does not seem to be less severe damage due to the instant crime. However, it does not seem to have occurred as a result of the instant crime, and the Defendant’s mistake is in profoundly against the Defendant.

In addition, the defendant is a first offender who has no previous record, and is still a university student, and he can be a major obstacle to the future social entry due to the fault one time.