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(영문) 서울서부지방법원 2015.04.01 2015고단56
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 05:50 on January 7, 2015, the Defendant: (a) confirmed the field condition by the head of the police station affiliated with the Seoul Mapo Police Station D District D (Seoul Mapo Police Station) who was called up after receiving a report of 112 of the assault case in front of Mapo-gu Seoul, Mapo-gu, Seoul; (b) thereby interfered with the legitimate performance of duties by police officers regarding the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The defendant alleged that he had no memory at the time of the crime of this case by stating that he was in a state of mental disorder or mental disorder because he stated that he had no memory at the time of the crime of this case. Thus, according to each of the above evidence, the defendant was found to have drinking, but he did not have the ability to discern things or make decisions.

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70(1) and 69(2) of the Criminal Act that do not focus on the degree of damage caused to the reasons for sentencing at the Nowon-gu Station, the Defendant committed the instant crime in a contingent manner under the influence of alcohol, and the Defendant is the primary offender, and the Defendant is the confession of and reflect against the instant crime, a fine shall be selected and the punishment as set forth in the Disposition above.

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