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(영문) 대구지방법원 서부지원 2018.08.22 2018고단234

공무집행방해

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 14, 2018, the Defendant, at around 18:55, reported on the road in front of the dwelling of the Defendant located in Seo-gu, Seogu, Daegu, Seo-gu, Daegu, on January 14, 2018, made a statement about the instant situation to the head of the police station C District D affiliated with the Daegu Seo-gu, Seo-gu, Seoul, Police Station, who was called for, and made a statement about the instant situation, was killed and shabed by the Defendant, and “

Does not state his words to the extent that they are written;

Absing up to the police box, and assaulted the police officer, referring to the "abscon" and trying to drive the police officer.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136(1) of the Criminal Act applicable to the crime in question, selection of a fine (the fact that the defendant seems to have committed the crime in this case by contingency, the degree of violence is not severe, and the defendant is the first offender who has no particular criminal record, and other circumstances shown in the arguments in this case shall be taken into consideration);

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

1. The Defendant asserts to the effect that the Defendant was physically and mentally deprived or physically under the influence of alcohol at the time of committing the instant crime, as to the Defendant’s argument regarding Article 334(1) of the Criminal Procedure Act.

In light of various circumstances, such as the background and means of the crime, the details of the crime, and the defendant's behavior before and after the crime committed by the above evidence, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion by the defendant cannot be accepted.