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(영문) 수원지방법원 2017.02.08 2016고단7610
공무집행방해등
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

Punishment of the crime

1. No person who violates the Punishment of Minor Offenses Act shall, while under the influence of alcohol, carry in rough words or conducts by rough words or conducts at a government office;

Nevertheless, on November 24, 2016, from around 18:55 to 19:05, the Defendant was under the influence of alcohol in Suwon-si C police station in Suwon-si B, Suwon-si, and it was difficult for the Defendant to have avoided the disturbance, such as “I am bling off the books by hand, while I am bling this year’s “I am the same in this year.”

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

2. On November 24, 2016, the Defendant: (a) committed assault on the part of the Defendant, at around 19:05, at the place indicated in paragraph (1) around 19:05, the Defendant, who prevented the performance of official duties, committed assault on the part of the Defendant, by walking the winger’s Habro, who was a police officer belonging to the Suwon Western Police Station C of the Suwon Police Station,

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of disturbance for revocation of official instructions) and Article 136 (1) of the Criminal Act (a point of interference with the performance of official duties) concerning the crime;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court as to whether a person has a mental disorder under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, namely, the situation at the time of the crime, and the Defendant’s speech and behavior at the time of the crime and the attitude to make statements to an investigative agency, the Defendant had no or weak ability to discern things or make decisions due to drinking at the time of the crime.

It is not visible.

The reason for sentencing is the background and content of the crime, the degree of damage, and the defendant's attitude to reflect.

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