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(영문) 서울동부지방법원 2015.07.16 2015고단1147

공무집행방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 2, 2015, around 19:23, 2015, the Defendant was requested to get off the taxi from the police officer C who belongs to the Seoul Mine Police Station B police box, on the ground of the Defendant’s report by a taxi engineer who was able to carry the Defendant on a locking for a taxi without paying a taxi fee.

Therefore, the defendant, who was landed from the taxi, expressed the word "I am back to the house", "I am son I am son." In other words, the above police officer asked "I am son....................... the defendant assaulted the police officer's arms by hand, such as "I am son..........................., I am son's arms, am son, and I am on both sides, and attempted to go off, thereby hindering the police officer's legitimate execution of duties concerning public safety and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation ( CCTV within a police box);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of 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 and physical disability by drinking at the time of the instant crime, and thus, according to each of the above evidence, it may be acknowledged that the Defendant was under the influence of alcohol at the time of the instant crime. However, in light of the circumstances such as the content of the instant crime and the Defendant’s act before and after the instant crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

The reason for sentencing is disadvantageous to the defendant. In addition to the previous conviction of a fine due to assault and insult in 2014, it is related to violence.