(영문) 서울중앙지방법원 2014.07.23 2014고단3344

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(영문) 서울중앙지방법원 2014.07.23 2014고단3344

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 14, 2014, at around 23:55 on March 14, 2014, the Defendant: (a) stated that the Defendant need not receive the fare from the police box located in Gangnam-gu Seoul, as well as at the cost of the taxi engineer and fee; (b) first, the police officer E of the above police box sent back home to the Defendant and obstructed the police officer’s legitimate performance of duties concerning the service within the police box, by assaulting the face of the above E on one hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The defendant and his defense counsel asserted as to the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order. The defendant and defense counsel asserted that they were in a state of mental disorder under the influence of alcohol at

According to the evidence of this case, although the defendant was found to have drinking at the time of the crime of this case, it cannot be seen that the defendant's ability or decision-making ability was weak due to the fact that he had drinking at the time of the crime of this case. Thus, the above assertion by the defendant and his defense counsel is rejected.

In order to establish the legal order of the state of the reasons for sentencing and eradicate the light of the public authority, there is a need for severe punishment for the crime of obstruction of performance of official duties, and the fact that the defendant committed the crime of this case, which has been committed once with the previous department and has a lot of violence, etc., and the degree and intensity of the assault of this case are relatively insignificant, and the defendant has a relatively large degree of the violence of this case, and the defendant has a strong personality and reflects his mistake, the age of the defendant; and

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