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(영문) 서울서부지방법원 2014.10.31 2014고단2022
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

On July 17, 2014, at around 16:45, the Defendant: (a) expressed that “D” restaurant located in Eunpyeong-gu Seoul Metropolitan Government is a food payment issue; (b) F, a police officer belonging to the Seoul Western Police Station E zone, sent out upon receipt of 112 reports, intended to listen to the circumstances of the case; and (c) assaulted Fbucks on one occasion, and obstructed the Defendant’s legitimate execution of duties concerning the maintenance of public security and order.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The defendant's assertion and judgment on it under Article 334 (1) of the Criminal Procedure Act are asserted to the effect that he was in a state of mental suffering from a mental disorder without eating the spirit and medicine that should be recovered at the time of the crime of this case. Thus, according to the evidence submitted by the prosecutor, the defendant scambling the mentally and physically at the time of the crime of this case, and according to the above macroscam and the evidence submitted by the prosecutor, the defendant was in a state of mental suffering at the time of the crime of this case, although he was found to have the fact of drinking on the day of this case, it cannot be seen that the defendant's assertion was in a state of weak ability

It is so decided as per Disposition for the above reasons.

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