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(영문) 서울동부지방법원 2016.04.21 2016고단318
공무집행방해
Text

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

The defendant around February 5, 2016, around 22:30 on February 5, 2016, has "C" in front of the convenience store in Gwangjin-gu Seoul Special Metropolitan City.

“Around the 112 report and sent back to the site to the police officer belonging to the Seoul Mine Police Station D District to have the Defendant returned to the site, “Abrepted” without any justifiable reason, and assaulted E with his/her hand at one time by pushing the shoulder of E and drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported cases and the maintenance of public order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to photograph the current CCTV images;

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

1. As to the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act, the Defendant asserts to the effect that he/she was physically and mentally deprived or physically weak at the time of committing the crime.

Although the Defendant is deemed to have been in a riotous and disorderly state at the time of committing a crime, considering the process of the instant case, the details of the Defendant’s crime, and the circumstances before and after committing a crime, it is not deemed that the Defendant did not have the ability to discern things or make decisions, and thus, the above assertion is rejected.

Although the nature of the crime committed by assaulting a police officer on the grounds of sentencing is not somewhat weak, considering the fact that the defendant was the first offender who had no record of punishment prior to the instant case, and that the certain amount of money deposited for the victim and the depth of the mistake appears to be divided, the punishment is to be determined.

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