(영문) 서울북부지방법원 2014.08.08 2014고단1803

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(영문) 서울북부지방법원 2014.08.08 2014고단1803

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On June 8, 2014, at around 11:10, the Defendant: (a) was able to take a cab in front of a department store set up in the Dobong-ro 62, Gangnam-gu, Seoul; (b) was under the influence of alcohol and was under the influence of alcohol, thereby hindering the operation of the said cab; and (c) was under the influence of alcohol, and (d) was under the influence of alcohol, the Defendant expressed his bath to the Defendant, “Wook and Chewing fark,” on the ground that E, who was sent to the D Zone of the Seoul Gangseo-gu Seoul Metropolitan Police Station, was provokinging the Defendant’s ske on the ground that E, who was under the influence of the said cab, was provokinged.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the maintenance of public order and protection of the host.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. The defendant and his defense counsel asserted that the defendant was in a state of mental disability under the influence of alcohol at the time of the instant case. However, according to the records, the records show that the defendant was in a state of mental disability under the influence of alcohol at the time of the instant case, even though he was aware of the fact that he had drinking, it does not seem that the defendant's ability to discern things or make a decision was weak. Thus, the above assertion by the defendant

The punishment shall be determined as per the order, taking into consideration various circumstances, such as the confession of the defendant for the reason of sentencing, the fact that the defendant is against himself, the first offender, and the degree of obstruction of performance of official duties.

참조조문

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