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(영문) 부산지방법원 동부지원 2018.07.11 2018고단641

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

피고인은 2018. 4. 12. 23:04 경 부산 해운대구 B에 있는 ‘C’ 주점에서 술에 취하여 지갑 등을 잃어버렸다며 고함을 지르고 욕설을 하면서 행패를 부리던 중, 업주의 신고를 받고 출동한 해운대 경찰서 D 지구대 경사 E 등 4명이 피고인에게 귀가할 것을 권유하며 주점에서 데리고 나온 후 경사 E이 피고인에게 “ 댁이 어디 십니까

For the reason of confirming the house "," the above E “W means that it means that it is ", and at the same time with the hand floor, it interferes with the legitimate execution of duties concerning the handling of the report by the police officer 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The F’s statement asserts to the effect that the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

However, in light of various circumstances, such as the background and means of the crime, the details of the crime, and the Defendant’s behavior before and after the crime, it cannot be deemed that the Defendant, under the influence of alcohol, did not change things or did not have the ability to make a decision.

Defendant’s assertion is without merit.

Application of 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. The sentencing of the Defendant under Article 334(1) of the Criminal Procedure Act shall be determined as ordered by taking into consideration the following circumstances: the Defendant’s age, environment, sex (criminal records), the course and process of the instant crime, the circumstances after the instant crime (E’s intention not to punish the Defendant), etc.