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(영문) 의정부지방법원 2016.03.23 2015고단4453
공무집행방해등
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

Punishment of the crime

Under the influence of alcohol, the Defendant reported 112 that a male-parent body intended to capture himself, and the police officers belonging to the B police box called out to identify the details of the report, etc. and sent him to the Defendant’s house.

1. The Defendant: (a) was under the influence of alcohol at a police box located in C in the Yangju-si on October 31, 2015; (b) on October 31, 2015;

Hand-phones were collected to the table, and damaged the table glass used by public offices with the market value of 30,000 won.

2. The Defendant, at the same time and at the same place, tried to take advantage of the glass that was destroyed as above, was subject to the control of D by the police box assigned to the above police box, and assaulted D’s right-hand bucks.

As a result, the Defendant interfered with the legitimate execution of duties concerning the maintenance of order, such as service within police boxes.

Summary of Evidence

1. The defendant's partial statement

1. Statement made by the police against D;

1. The defendant asserts to the effect that he was in a state of mental and physical disorder by being drunk at the time of committing the instant crime, such as an investigation report, the scene of damage, and the photo of the damaged parts.

According to the records, it is recognized that the defendant was under the influence of alcohol at the time of the crime of this case.

However, in light of the facts leading up to the Defendant’s 112 Report and behavior within a police box, it is not recognized that the Defendant at the time did not have or lacks the ability to discern things or make decisions due to drinking).

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the selection of fines for each crime;

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. Establishment of national legal order and public authority with the reason for sentencing under Article 334(1) of the Criminal Procedure Act.

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