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(영문) 인천지방법원 2014.06.30 2014고단2856
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

At around 21:00 on April 8, 2014, the Defendant: (a) obstructed the police officer’s legitimate performance of duties concerning the handling of 112 reports by the police officer C belonging to the Incheon Southern Police Station, who was called “I pay the drinking value of a ship that was sent to him after having received 112 reports that he frighted; and (b) I expressed a desire to do so; and (c) assaulted the police officer C’s buckbuck part of the above police officer C one time to walk on the 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The defendant's assertion of mental disorder in D's written statement asserts that he was under the influence of alcohol at the time of the crime in this case, and thus, in light of the records, the defendant could recognize the fact of drinking at the time of the crime in this case, but it cannot be deemed that the defendant did not have the ability to discern things or make decisions, and thus, the above assertion is rejected.

Application of Statutes

1. Article 156 (1) of the Criminal Act applicable to the crimes;

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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