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(영문) 서울북부지방법원 2015.11.25 2015고단3596
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 2, 2015, at around 10:40, the Defendant was urged to return home from the Seoul Seocho Police Station D District E and the police officer F, who was dispatched after receiving the report of 112 from the above convenience store C, on the ground that the Defendant did not sell lodging drinks at the above convenience store in Seocho-gu Seoul Metropolitan Government.

피고인은 위 E, F이 위 편의점 아이스크림 냉장고에 기대어 있던 피고인을 부축하려고 하자 위 E, F을 밀치면서 “내가 이렇게 있으니까 좆밥으로 보이냐”, “씹할놈아 이리로 와라”라고 욕설을 하였고, 계속하여 위 E, F이 피고인을 부축하려고 하자 손으로 위 E의 팔을 꺾고, 손바닥으로 위 F의 손목을 치고, 손으로 위 E이 소지하고 있던 테이져건을 잡는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the 112 Reporting Case Handling Affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of a selective fine (such as white, reflectivity, first offense, smooth agreements with victims, contingent crimes, Defendant still has been prepared for a university career and need not restrict Defendant’s range of occupation choice in the future);

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he was in an insane or a state of mental or physical disability by stating that he had no memory at the time of committing the instant crime. Thus, according to each of the above evidence, even though he was found that he had drinking alcohol at the time of committing the instant crime, he did not have the ability to discern things or make decisions.

It is found that the state has reached a weak state.

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