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(영문) 수원지방법원 성남지원 2016.12.14 2016고단2892

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On September 11, 2016, at around 04:20, the Defendant continued to have avoided a disturbance even though he received a report from the police officer E belonging to the Gwangju Police Station D Boxes called out after being drunk at the C Campping site located in Gwangju City.

Accordingly, the above E, etc. decided to have the defendant's mother returned to the patrol vehicle upon the request of the defendant's family, and the defendant's mother's mother was unable to take the patrol vehicle, and the defendant's mother was unable to take the patrol vehicle, and the defendant's mother was pushed off the above E's flap with the words "Seg for hand" from the above E, with his hand after hearing the words "Weg for hand."

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written statement;

1. On-site CD (the defendant asserts to the effect that he was in a state of mental or physical disability under the influence of alcohol at the time of the crime in this case. However, according to the records of this case, it is recognized that the defendant was in a state of mental or physical disability at the time of the crime in this case, but in light of the circumstances and contents of the crime in this case, the defendant's speech and behavior before and after the crime in this case, it does not seem that the defendant did not have or lacks the ability to discern things due

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The crime of using violence, such as breathing, etc. of a police officer in the course of performing official duties on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, is not exceptionally applied to such case;

However, the crime of this case is a dynamic crime under the state of being committed, the degree of the use of violence against police officers is not much serious, and the crime of violation of the Road Traffic Act of 2004 is fined.