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(영문) 의정부지방법원 2016.11.02 2016고단3238

공무집행방해

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

On July 29, 2016, the Defendant reported on July 29, 2016, 01: B apartment B apartment 505 on the ground parking lot, and reported on the 112 report that there was a person under the influence of alcohol, and the slope D (54 years of age) belonging to the Jung-gu Police Station C District Unit of the Jung-gu Government Police Station, which was called up by the Defendant, was shouldered to enable the Defendant to return home to the Defendant, and the Defendant was at least once a part of D’s cell phone with the cell phone with D’s seal.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported duties by police officers and the protection of prisoners.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. The E’s written investigation report (Woo E) victim’s photograph, cellular phone photograph, and field photograph (the Defendant was under the influence of alcohol at the time of the instant crime) asserted to the effect that the Defendant was under the influence of alcohol at the time of the instant crime. The record reveals that the Defendant was under the influence of alcohol at the time of the instant crime, but, in light of the circumstances leading to the instant crime, details of the crime, Defendant’s attitude, and the circumstances before and after the instant crime, etc., the Defendant is not deemed to have had the ability to discern things or make decisions due to drinking, or to have not

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts of crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) recognizes and reflects in depth the Defendant’s mistake.

The defendant seems to have committed the crime of this case in a prone and contingent manner by the damaged police officer in the underground parking lot of apartment as he was drunk, and there seems to be some circumstances to consider the circumstance.

The extent of violence is relatively minor, and the defendant has no record of criminal punishment so far.

Other various circumstances, such as the defendant's age, circumstances of crime, means, results, and circumstances after the crime.