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(영문) 수원지방법원 2018.11.08 2018고단5198
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 26, 2018, at the “C” restaurant located in Suwon-si, Suwon-si, Suwon-si, and around 23:15, the Defendant, who was under the influence of alcohol upon receiving a report that the Defendant was able to take a bath to the restaurant employee at the place where many customers are located, committed assault, such as the defect in the police officer’s attempt to arrest the Defendant as a flagrant offender in the crime of insult, the defect in the police officer’s face to arrest the Defendant as a flagrant offender of the offense of insult, the victim’s face was taken one time with his head, and the victim’s face was taken one time with his head.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the suppression of crimes and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes on screen pictures, video CDs, police officers' body photographs;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of a selective fine (including the degree of assault committed by a defendant and the fact that there is no past record of punishment for the same kind of force);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the assertion of mental and physical weakness under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the Defendant was in a state of mental and physical weakness due to mental illness, such as early illness, at the time of committing the instant crime.

The argument is asserted.

According to the records, even though the fact that the defendant suffered from mental illness is recognized, the defendant was in a state that the defendant lacks the ability to discern things or make decisions due to mental illness at the time of committing the crime of this case, considering the following circumstances: the background of the crime of this case, the details and attitudes of the crime of this case, the defendant's speech and behavior

Therefore, the above argument is not acceptable.

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