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(영문) 수원지방법원 성남지원 2017.10.18 2017고단2351
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On July 16, 2017, 16:50 around 16:3, 2017, the Defendant argued with the parties involved in internal affairs D in the case of “Any male who is a female” means that the police officer belonging to the Sungnam Police Station E commander of the Sungnam Police Station, who was dispatched after receiving a report 112, would put the police officer to D, and that the police officer, such as the above F, “I Y, I am son, N son, I am the same.”

“Along with the 112 Report Processing, the police official interfered with the legitimate execution of duties concerning the handling of the above F’s 112 Report Report Handling, by assaulting the F’s shoulder by hand, i.e., the F’s shoulder by hand, and the shoulder by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. A report on internal investigation:

1. The Defendant asserts to the effect that he was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

However, according to the records, although the defendant seems to have a considerable drinking at the time, in light of the circumstances and contents of the crime of this case, the statement and behavior of the defendant before and after the crime of this case, etc., the application of the law does not seem to have reached a state where the defendant has no or weak ability to discern things or make decisions due to drinking at the time.

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine for punishment (the use of violence to police officers dispatched upon receipt of a report 112 and the nature of such crime is poor, but it appears to be a dynamic crime in the state of principal punishment, the degree of violence is not very severe, and the defendant has no record of the same punishment, etc. shall be considered);

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 concerning the order of provisional payment;

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