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(영문) 의정부지방법원 2017.01.06 2016고단4197
공무집행방해등
Text

Defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 2, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) around 00:00 on September 2, 2016, the Defendant, while drunk around the house located in Gui-si C, and, without any justifiable reason, uneasyed another person for about 10 minutes, such as cutting off capitals without any justifiable reason.

2. On September 2, 2016, the Defendant obstructed the police officer’s legitimate performance of duties regarding the handling of the report on 112 report by assaulting the police officer, knenee G knee kne kne kne kne kne kne kne kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. The Defendant asserts to the effect that he was in a state of mental and physical disorder, which was under the influence of alcohol at the time of committing the instant crime.

According to the records, even though the defendant was under the influence of alcohol at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the details of the crime, the attitude of the defendant, the circumstances before and after the crime of this case, etc., it is not recognized that the defendant was under the influence of alcohol, or did not have the ability to discern things or make decisions,

Application of Statutes

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) of the relevant Act on the facts of crime, and Article 3 (1) 19 of the Punishment of Minor Offenses Act (the point of creating unstables);

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

1. Obstructing the execution of official duties in the choice of punishment: Imprisonment with prison labor, or violation of the Punishment of Minor Offenses Act: Selection of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

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

1. Article 62 of the Criminal Act:

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