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(영문) 서울남부지방법원 2014.10.17 2014고단2944

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around July 26, 2014, when the Defendant was unable to discern things or make decisions due to a mental division, the Defendant committed assaulting E, etc. with his/her will, on the following grounds: (a) around July 26, 2014, when he/she received a report from 112 that she would have a sound in front of a multi-household house located in Yangcheon-gu Seoul Metropolitan Government, and was demanded by two police officers, such as E, etc. in the circumstances belonging to the D Zone Unit at the Yangcheon Police Station D, which called “Isk, she will come back, she will come back, she will come back, she will come back, and she will be able to drink, and she will go up with E’s face.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Damage photographs;

1. Application of the Acts and subordinate statutes that provide a copy of investigation report (Submission of A diagnosis report) and medical records;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of a fine for selective punishment (in order to prevent the danger of public power and to create a social atmosphere that respects laws and principles, it is necessary to strictly punish the crime of obstruction of performance of official duties, but considering the circumstances, such as the defendant committed the instant crime under a state of mental and physical disability, and led the defendant to commit the instant crime, and there is no particular criminal power)

1. Article 10 (2) and (1) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.