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(영문) 대전지방법원 서산지원 2017.09.15 2017고단575

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

On June 11, 2017, the Defendant, at the home of the Defendant, located in Seosan-si B apartment 208, Dong 202, Seosan-si, Seosan-si, 2017, reported that the above body fightings are under command with his/her father C and his/her body fightings, and was dispatched to the scene from the situation E during which he/she belongs to the Chungcheongnam-do Police Station D's World Team, Chungcheongnam-gu, 2017.

피고인은 이에 화가 나, 위 경위 E에게 ‘ 야! 짭새 새끼들이 왜 남의 가정사에 개입하냐.

꺼져 새끼들아!’ 라는 취지로 욕설하면서 발로 위 경위 E의 팔목을 2회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the maintenance of public order.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written statement;

1. The application of the Acts and subordinate statutes governing the handling of reported cases, such as photographs of police officers' damage, copies of work logs in D District, and 112;

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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he was in a state of mental or physical weakness or mental loss under the influence of alcohol at the time of committing the instant crime. Thus, according to the records, the Defendant was aware of drinking at the time of committing the instant crime, but in full view of the circumstances such as the background and result of the instant case, the Defendant’s behavior before and after committing the crime, it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions, and thus, the above assertion is rejected.

Although the nature of the crime is not weak due to the use of violence while breathing a police officer who is performing legitimate official duties for the reason of sentencing, it appears to be a contingent crime under the influence of alcohol, the degree of assault is relatively weak, and there is no criminal conviction of the same kind.