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(영문) 서울서부지방법원 2015.04.15 2015고단307
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 00:35 on January 11, 2014, the Defendant assaulted “D” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with the report of 112, that “D,” and “D’s leader spawn the disturbance,” which was sent by the police officer affiliated with the Seoul Seodaemun-gu, Seodaemun-gu, Seoul, Police Station Escoping the Defendant so that F is capable of using the toilets, such as “dlehhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh and facehhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's assertion of each police's statement about G and F is argued to the effect that the defendant made a statement that he/she has no memory under the influence of alcohol at the time of the crime of this case, and that he/she was in the state of mental disorder or mental disorder. Thus, according to each of the above evidence, even though he/she was found to have drinking at the time of the crime, he/she did not have the ability or ability to make decision

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

Application of Statutes

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for an order of provisional payment in consideration of the following facts: (a) the offender committed the instant crime by contingency under the influence of alcohol; (b) the Defendant did not have any degree of obstruction of performance of official duties; and (c) the Defendant did not have any past record of having been punished by the same kind or suspension of execution; and (d) the sentencing conditions

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