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(영문) 인천지방법원 부천지원 2018.11.08 2018고단2109

공무집행방해

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 26, 2018, the Defendant reported at “D” restaurant located in Seocheon-si C on July 26, 2018, and requested F to pay the drinking value to the Defendant and return to the Defendant when the police officer, who belongs to the police station E District Police Station, dispatched to the site after receiving a report from 112 stating that “I am fright without paying the drinking value,” and used F to take the bath to “I am fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., to arrest the Defendant and take the f., f., f., f., f.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

[Defendant and defense counsel asserted to the effect that they lost their mind by drinking at the time of committing an offense, and claim for mental and physical weakness or mental loss.

According to the records of this case, even though the defendant was under the influence of alcohol at the time, in light of the defendant's act at the time of the crime of this case and the circumstances after the crime of this case, the defendant was in the state of having lost or weak ability to discern things

【Non-Recognition】

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. A criminal investigation report, investigation report (on the site of the case and the confirmation of CCTVs in the surrounding areas), CCTV image data closure photographs;

1. Application of the Acts and subordinate statutes concerning photographs taken on the part of violence damage;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act - The defendant denies the crime by an investigative agency, but this court recognizes the mistake and reflects it.

- The Defendant expressed a bath to police officers who suffered damage to wear her uniforms and directly assaults them.