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(영문) 서울서부지방법원 2017.10.20 2017고단2165

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 1, 2017, around 02:15, the Defendant had the honor to report that “A police officer assigned to the Seoul Yongsan Police Station B police box who was sent to the Defendant, upon receiving a report from 112 to the effect that “A person under influence of alcohol in the street is considered necessary to do so,” and “A police officer assigned to the police box B of the Seoul Yongsan Police Station B, who was sent to the Defendant.”

E.M. Doz.

In order to protect the Defendant, the Defendant recommended the Defendant to return home, and the Defendant “B” refers to “B Mad, annoyed,” and the Defendant committed assault by hand against the above C at one time, and by drinking the part of the said C at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of CCTV 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 respect to the order of provisional payment order cannot be 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 reason for sentencing is that the crime of this case exercises tangible power, such as assessing the police officer in uniform, and must be punished for severe punishment. However, the defendant's mistake and reflects the defendant's wrong, and the defendant without criminal punishment seems to have committed contingent crimes under the influence of alcohol, and the age, sex, environment, and crime of the defendant.