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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
Punishment of the crime
At around 00:30 on September 4, 2016, the Defendant: (a) stated that the police officer C, D, and E, who was dispatched to the site after having received a report that the proprietor satisf was fright at the front of the 38-1, as the 38-1, and told the Defendant to return home to the Defendant, on the ground that: (b) the Defendant: (c) stated that the Defendant “a fright, fright, frighten, frighten, frighten, frighten, frighten, frighten, frighten, frighten, frighten, frighten, frighten, frighten, and frightened the said E.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and C;
1. Application of the Acts and subordinate statutes to a report on investigation (to attach images taken by a police officer on a mobile phone);
1. Article 136 (1) of the Criminal Act concerning the crime concerned;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment prescribed for the crimes of obstruction of performance of official duties against E, of the largest punishment);
1. Selection of an alternative fine for 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 asserts that the defendant's judgment on the claim of mental disability under Article 334 (1) of the Criminal Procedure Act of the provisional payment order should be mitigated because the defendant was drunk at the time of the crime in this case and was in a state of mental disorder.
In light of the background and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s statement attitude, etc., which were duly adopted and examined by the court, even if the Defendant was under the influence of alcohol at the time of the instant crime, it cannot be deemed that the Defendant had weak ability to discern things or make decisions.
Defendant
The above assertion by the defense counsel is not accepted.
The following circumstances for sentencing shall be the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc.