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(영문) 서울서부지방법원 2014.07.02 2014고단1086
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 23:50 on May 11, 2014, the Defendant, while drinking alcohol in front of the two apartment units located in Mapo-gu, Mapo-gu, Seoul, 20 (Gangdong), was demanding D, a police officer belonging to the Seoul Mapo Police Station C District, who was called upon 112 and called “I am home and abroad, I will see this dog, she will see it, she will see, “I am, she will am back, she will go home and she will go home,” and interfere with legitimate execution of duties concerning D, E’s public security and maintenance of order by booming the flabbbing of the above E, which was removed from the back, and assaulting the flabbing, etc., which was a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of F’s written Acts and subordinate 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defense counsel's assertion of the defense counsel under Article 334 (1) of the Criminal Procedure Act is asserted to the effect that the defendant was in a state of mental disorder or mental disorder by drinking alcohol at the time of the crime of this case. Thus, according to the above evidence, it cannot be viewed that the defendant was aware that he had a certain degree of drinking alcohol at the time of the crime of this case, but it cannot be seen that the defendant had a weak ability to discern things or make decisions. Thus, the above argument is rejected.

The crime of this case against police officers performing official duties without wearing their uniform for the reason of sentencing shall be determined as ordered by the order, in consideration of the following factors: although the liability for the crime of this case is minor, the crime of this case was committed by the defendant under the influence of alcohol, the crime was committed by the defendant without criminal power, and other various conditions of sentencing, such as the defendant's age, character and conduct, environment, health conditions, and circumstances after the crime, etc.

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