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(영문) 서울동부지방법원 2015.11.19 2015고단3070
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant had a weak ability to discern things or make decisions at the time of committing the following crimes due to excessive drinking under the influence of depression.

On June 17, 2015, from around 20:50 to 22:00 of the same day, the Defendant avoided disturbance, such as taking the week from the drinking house located on the first floor of the Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City (D), and requested the police officers F and G from the Seoul Mine Police Station E-gu, who called on the site after receiving a report at around 22:04 on the same day, to return home. On the other hand, the Defendant expressed the above police officers the desire to “I am I am. I am I am. I am. I am.”

In addition, the defendant saw the disturbance for about 10 minutes on the street above, and walk the door of the patrol car parked in front of the above drinking house at around 22:20 on the same day, and the above police officers desire to take the door to the defendant's house only and move to the house, and the facts stated in the indictment of the police officer F in the above indictment are stated as "G of the above police officers," and according to the evidence such as F's statement, it is judged that this part is erroneous, but it is not harmful to the defendant's defense right without impairing the identity of the facts charged, and thus, it is recognized as being revised without the amendment of the indictment procedure as above.

The head of the police station, by hand, flaps of the police officer, and booms the chest, thereby obstructing the police officer's legitimate execution of duties concerning the prevention, suppression and investigation of the crime, public peace and order maintenance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning G and F;

1. Application of H’s written 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. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act that is legally mitigated;

1. The Criminal Act to attract a workhouse;

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