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(영문) 서울남부지방법원 2015.05.14 2015고단797
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 15, 2015, at around 03:40, the Defendant: (a) seeed that the Defendant would be able to pay the taxi fee and the rent from the slope belonging to the police box sent to the site after receiving a report while arguing that he was under dispute with D and scarbing due to the wind that he gets on and off a taxi; (b) around March 15, 2015, the Defendant took a bath to the above E; and (c) snicked the ethbbbling of the said E by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the above reporting case.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. The Defendant asserts to the effect that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. According to the evidence duly admitted and investigated, although the Defendant was in a certain state of drinking, he did not have the ability to discern things or make decisions due to the fact that the Defendant had no capacity to discern things.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of each selective fine for punishment (the defendant seems to have reached this case on a contingent basis under the influence of alcohol, and the degree of assaulting that constitutes obstruction of official business cannot be deemed to be serious, and the defendant has no record of criminal punishment except for a fine imposed once due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents before the instant case, and has a depth of his mistake, etc., shall be punished by a fine);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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