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(영문) 대전지방법원 2014.02.14 2013고정2442
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 22:30 on November 12, 2013, the Defendant: (a) reported on November 12, 2013, 112, that “any person was used on the street in front of the Seo-gu Daejeon District Office 1-8, Seo-gu, Daejeon, Daejeon, Police Station C District District of Daejeon, the Defendant obstructed the police officer’s legitimate execution of duties concerning the protection of residents by using violence, such as “the slope D of a police officer belonging to the Daejeon, Police Station C District of Daejeon, who was called up on the road,” and by using a ice flab, such as “the night flab flab flab flab flab flab.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. The defendant and his defense counsel asserted that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of committing the crime of this case. Thus, according to the records, it is acknowledged that the defendant was in a state of mental disorder or mental disorder at the time of committing the crime of this case, but considering the shape and content of the crime of this case, the defendant's behavior before and after committing the crime of this case, it cannot be deemed that the defendant and his defense counsel did not have the ability to discern things or make decisions, and therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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