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(영문) 서울서부지방법원 2017.11.03 2017고단2317

공무집행방해

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

On July 11, 2017, at around 01:25, the Defendant reported at “C main points” located in Eunpyeong-gu Seoul Metropolitan Government, and 112 reported that he abused a person with no name to be a guest, and the Seoul sent out after receiving a report, stated the facts charged in the indictment on the indictment on the floor of the defective Gap in order to verify the Defendant’s personal information. However, according to CCTV video, the facts that the Defendant was his seated can be clearly recognized.

Since there is no substantial disadvantage in guaranteeing the defendant's right to defense, the criminal facts are recognized without going through the amendment process of indictment.

He assaulted the left face of the E at one time.

As a result, the defendant interfered with legitimate execution of duties concerning criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV image Acts and subordinate statutes;

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

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

3. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act with regard to a provisional payment order does not part of memory under the influence of alcohol at the time of committing the instant crime.

The records of this case show that the defendant had drinking alcohol at the time of the crime, but it does not seem that the defendant had no or weak ability to discern things or make decisions. Thus, the defendant's above assertion cannot be accepted.

The crime of this case with the reason of sentencing is the exercise of tangible power, such as the price of the police officer in uniform, and it should be punished by the severe punishment. However, the defendant's mistake and reflects the defendant's wrong, and there is no criminal conviction in addition to twice the fine related to traffic.