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(영문) 서울동부지방법원 2016.05.12 2016고단202

공무집행방해등

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

At around 00:20 on December 18, 2015, the Defendant tried to assault taxi articles as a matter of taxi charges by the police officers F, etc. in front of the E Zone located in Songpa-gu Seoul, Songpa-gu, Seoul. On December 18, 2015, the Defendant tried to assault the victim’s face at the right hand, and assaulted the victim’s face at one time, thereby hindering police officers’ criminal prevention and investigation, public peace and order maintenance, and at the same time obstructing the victim’s legitimate execution of duties on the public peace and order maintenance, and, at the same time, committed the victim’s pelb and the old pelbbox.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A medical certificate of injury, or photograph;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 57 of the Criminal Act including the number of days of detention in prison;

1. The defendant's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that the defendant had a large amount of alcohol at the time of the crime of this case. Thus, according to the evidence duly adopted and examined by the court, the defendant's drinking at the time of the crime of this case is acknowledged as having been in drinking, but it cannot be seen that the defendant's ability to discern things or make decisions is weak. Thus, the above argument by the defendant and his defense counsel cannot be accepted.