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(영문) 서울동부지방법원 2018.10.19 2018고단2807
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

On August 5, 2018, at the front of the D hotel bus stops located in Gwangjin-gu Seoul Special Metropolitan City around 02:10, the Defendant: (a) expressed his desire to “I am back from G cars from the police officer belonging to the Seoul luminous Police Station, who was called for 112 after receiving the report that I am to come home from G cars; (b) I am you see “I am, C shots, governance,” and am to go home again, and am to go home again, and “I am strings strings,” who are demanded to go home again by hand.

Accordingly, the defendant assaulted a police official who performs legitimate duties on the handling of 112 reported cases, thereby hindering the execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Application of the respective Acts and subordinate statutes in H and I;

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 provides that the defendant and his defense counsel asserted to the effect that he was in a physical and mental state by drinking alcohol at the time of committing the instant crime.

However, in light of all the circumstances, such as the background and means of the instant crime, the circumstances before and after the instant crime, and the statement made by the Defendant to the investigation agency, which are acknowledged by each evidence, it is not deemed that the Defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Defendant

The above assertion by the defense counsel is not accepted.

The crime of this case on the grounds of sentencing is a case in which the defendant assaultsd the victimized police officer in the course of performing his duties.

However, it is against the defendant's recognition of the crime of this case.

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