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(영문) 서울서부지방법원 2016.11.29 2016고단3083

공무집행방해

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 01:30 on September 27, 2016, the Defendant was under the influence of alcohol in front of a restaurant located in Mapo-gu Seoul Metropolitan Government B 401. Around 01:30, the Defendant, who received 112 reports and sent the 112 report, stated that the slope D belonging to the Seoul Mapo-gu Police Station C District Unit of the Seoul Mapo-gu Police Station is a defective vehicular road in order to take protective measures against the Defendant, and that the Defendant was able to take care of the said D’s “scam, scambine” on the road, and obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 reported case and the protective measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of E;

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. The sentencing factors, such as the confession and reflection of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the primary offender, the circumstances leading to the commission of the crime, the age, character and conduct of the defendant, and the environment, shall be determined as indicated in the order.

The Defendant asserts to the effect that, at the time of the instant case, the Defendant was in a state of mental disorder or mental disability under the influence of alcohol.

According to the records, although the defendant could be recognized that he was drinking at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the means and method of the crime, and the defendant's speech and behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case

Since it cannot be deemed that there was a state or weak, the above assertion is rejected.