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(영문) 서울중앙지방법원 2017.08.16 2017고단3212
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 13, 2017, the Defendant was at the front of Gwanak-gu in Seoul Special Metropolitan City, around 21:15, and the Defendant was reported by 112 that he was unable to account under the influence of alcohol while moving to a taxi to the si, and he was aware that the police officer D, a police officer belonging to the Seoul Western Police Station C District of the Seoul Western Police Station, who was called to the said place, would return home to the Defendant, but the Defendant was able to keep the said police officer’s bath without complying with the foregoing, on the ground that he was the foregoing police officer’s restraint on continuing to pay and return home to the taxi.

“In doing so, the police officer assaulted by hand, such as smugglinging the chest part of the chest, bating bat, etc., with the said police officer’s hand.

Accordingly, the above defendant interfered with the maintenance of order by police officers and legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against D and E [Defendants cannot be memory under the influence of alcohol at the time of committing the instant crime]

I asserts to the effect that he was in a state of mental or physical loss or mental weakness.

In light of the records, although the defendant was aware that he had drinking alcohol at the time of the crime of this case, it cannot be seen that he had no or weak ability to discern things or make decisions due to the fact that he had drinking alcohol at the time of the crime of this case. Thus, the above assertion is rejected.

Application of Statutes

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

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

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