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(영문) 서울중앙지방법원 2017.10.25 2017고단5744

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

The Defendant, around 21:10 on December 2, 2017, around C 21:2, 2017, on the ground that, “I am off and take part in clothes” and “I am off and take part in the clothes of the victimized Party D, who was reported 112 and called up, entered the Defendant’s house.”

The term "the sound was tightly sounded to the victim's shoulder."

Accordingly, the defendant assaulted the victim and interfered with the police officer's legitimate execution of duties concerning 112 reporting processing affairs.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. E statements;

1. Investigation report (pacted telephone or investigation);

1. The photograph of the victim (the defendant is not memory under the influence of alcohol at the time of committing the instant crime;

I asserts to the effect that he was in a state of mental or physical loss or mental weakness.

In light of the records, although the defendant was aware that he had drinking alcohol at the time of the crime of this case, it cannot be seen that he had no or weak ability to discern things or make decisions due to the fact that he had drinking alcohol at the time of the crime of this case. Thus, the above assertion is rejected.

Application of Statutes

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;