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(영문) 서울동부지방법원 2014.11.20 2014고단1898
공무집행방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 00:30 on June 17, 2014, the Defendant: (a) sent back to the exit of 2,000 Agsan-ro 243 (Yyang-dong), Agsan-ro, Seoul Special Metropolitan City, on the road; (b) sent by the Defendant after receiving a report of 112 that the Defendant was being used on the road; (c) solicited the Defendant to go up as the earth in order to protect the Defendant, and (d) the Defendant was able to go up to the earth; (d) on the ground that he was broken up, 5 times the clothes of the said D were cut off on the earth; and (d) one time the left buck-dong of the said E, one time at hand, and assaulted the Defendant at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on handling reports.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of an alternative fine for punishment;

1. Article 10(2) and Article 55(1)3 of the Criminal Act for the mitigation of mental illness and injury [Article 10(1)3 of the Act on the Mitigation of Mental Diseases and Injuries] (On the other hand, the defendant asserts that he was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime, but in light of the background leading up to the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, etc., the defendant seems to have weak the defendant's ability to discern things or make decisions, but it is not deemed that the defendant did not have such ability,

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant led to a confession of a crime during the trial of this case and made the same day not to be repeated in the future, the fact that the defendant was an accident by drinking only, there is no record of punishment or punishment exceeding a fine for the same kind of crime, and other character and conduct of the defendant.

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