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(영문) 서울중앙지방법원 2015.02.12 2014고단9895

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 03:30 on December 7, 2014, the Defendant took measures to leave the police station in Seocho-gu Seoul, Seocho-gu, Seoul, with regard to the handling of the instant case, such as indecent acts by compulsion and assault, etc., prior to the entrance of the Seoul Seocho-gu Seoul Seocho Police Station D police box, and tried to have the other party take a bath and boom, and had the other party take such measures to leave the police station. On the other hand, the police officer, who is a police officer of the police station, takes a boom of the police box, walks the police station, booms the police officer, who is a police officer of the police station, takes the boom, and booms it along with other police officers, and “I am off the clothes of the police station. I am off the clothes of the boom. I saw that I am off the blaf, spath, spathing the flab, and interfere with his lawful performance of duties, and interfere with the police officer’s with the performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. The Defendant asserts to the effect that, at the time of the instant crime, he/she was in a state of heart loss or mental disorder by stating that he/she had no memory under the influence of alcohol at the time of the instant crime.

According to the records, even though the defendant was found to have drinking at the time of committing the crime, he did not have the ability to discern things or make decisions.

It does not seem to be in a state or weak.

The argument of mental disorder shall not be accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant.