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서울중앙지방법원 2017.02.02 2016고단7456

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 26, 2016, at around 00:05, the Defendant expressed that, without any reason, F of the circumstances belonging to the Seoul District Court Ethnive Police Station Ethmbling that carried out drinking in the “D Singing practice hall” located in Seocho-gu Seoul Metropolitan Government, the Defendant expressed that, without any reason, F of the circumstances surrounding the control process, etc., the Defendant “this rings, sing down, sing down, sing down, sing down, etc.,” said F’s desire to read as “this rings, sing down, and sing down,” and assaulted both F’s f’s f’s string frame by sticking the f’s tight frame and bating b

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the regulation of public morals business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of witness G;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on photographs;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. As to the assertion of the Defendant and his defense counsel under Articles 70 and 69(2) of the Criminal Act, the Defendant and his defense counsel had been in a state of mental and physical loss or mental weakness by drinking while committing the instant crime.

However, considering the circumstances revealed in the record, such as the background leading up to the instant crime, method of the commission of the crime, the behavior of the accused before and after the instant crime, and the circumstances after the crime, the Defendant was found to have served the alcohol at the time of the instant crime, but there was no or weak ability to discern things or make decisions.

does not appear.

Therefore, the defendant and his defense counsel cannot be accepted.

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