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(영문) 서울서부지방법원 2013.04.24 2012고단1829

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 8, 2010, the Defendant was sentenced to four months of imprisonment with prison labor for obstruction of performance of official duties at the Seoul Central District Court on August 22, 2010 and completed the execution of the sentence at the Seoul Detention Center.

On August 11, 2012, at around 01:10, the Defendant, under the influence of alcohol on the front of the cultural village distance in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, set up a bridge on the road under the influence of changing things or lacking the ability to make a decision, and obstructed the police officer’s legitimate performance of duties, such as maintaining order, etc. by assaulting the police officer, on the ground that C, who was dispatched upon the 112 report by the police officer C, would be bad for a shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article 136 (1) of the Criminal Act concerning facts constituting an offense. Article 136 (1) of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant was sentenced to a punishment for the same kind of crime and commits a repeated crime during the period of such repeated crime, etc. However, the defendant appears to have committed a crime contingently under the influence of alcohol at the time while the defendant lacks the ability to distinguish himself/herself, and the defendant seems to have committed a crime in a state that lacks the ability to distinguish himself/herself, and is in depth and reflected in the judgment during the trial, etc.