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(영문) 서울동부지방법원 2018.12.14 2018고단3401

공무집행방해

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On June 25, 2018, the Defendant reported 112 on the street in front of Songpa-gu Seoul, Songpa-gu, Seoul on June 13:20, 2018, and D Officer D belonging to the Song-gu Police Station C District for any reason.

In order to hear the words "I wish to ask", and the words "I will not take a bath from the slope E belonging to the same earth group," I expressed "I would like to grow, I would like to write I would like to write I would like to write I would like to write I would like to write I would like to write I would like to write I would like to write I would like to write I would like to assault I would like to write I would like to write I would like to do so once.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to investigation reports (related to the verification of the details of a wooden statement);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the defendant's defense counsel asserts to the effect that the defendant was in a state of mental and physical weakness due to stimulative disorder at the time of the instant case.

In full view of all the circumstances, such as the background and consequence of the instant crime, the means and consequence of the instant crime, the conduct of the Defendant before and after the crime, the details and attitude of the statement in this court, etc., it does not seem that the Defendant did not seem to have reached a state of lacking the ability to discern things or make decisions due to mental illness at the time of the crime

The above assertion by the defense counsel is not accepted.

However, the crime of this case on the grounds of sentencing for sentencing for the reasons of sentencing for the defendant's mental health conditions (see, e.g., circumstances relating to the defendant's mental health conditions) is not less complicated than that of the defendant's assaulting a police officer on duty.

In addition, the defendant has been punished several times for violent crimes, but has re-offending.

However, although the defendant is recognized as committing the crime, he is against the defendant, the crime of this case is committed.