(영문) 인천지방법원 부천지원 2015.06.18 2015고단747

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(영문) 인천지방법원 부천지원 2015.06.18 2015고단747

공무집행방해

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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 30, 2014, at around 23:37, the Defendant, upon receiving a report from 112 that a person was used on the road in front of Seocheon-gu, Seocheon-si B, Seocheon-gu, Seocheon-si, and received questioning of personal information from D by the police officers assigned to the House, Seocheon-gu Police Station C commander of the Police Station, which called “the police officer will do so or will do so.” The Defendant obstructed the police officer’s legitimate performance of official duties concerning the police officer’s 112 patrol duties by assaulting the police officer, such as making a bather batf of D with his hand and cutting down his chest.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Each statement of E and F;

1. Application of the Acts and subordinate statutes to the delivery place of a police box, the damaged assistant photograph, and a copy of police certificate;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that he/she was in a state of mental disability as he/she was under the influence of alcohol at the time of the crime.

According to the records, although the defendant's drinking at the time of the above crime is recognized, it cannot be seen that the defendant's ability to discern things or make decisions has been weak or lost. Thus, the defendant's assertion is rejected.

The reason for sentencing is that the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to a suspended sentence of one year and six months on November 7, 2014 by this court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was sentenced to a suspended sentence of two years on the one-year grace period.

However, the fact that the defendant recognizes the crime as a substitute, seems to have reached the crime of this case by contingency under the influence of alcohol, the degree of the assault of this case is not much severe, and the defendant's age, character and conduct, circumstances after the crime are etc.

참조조문

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