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(영문) 수원지방법원 2016.11.04 2016고단4886
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

On August 1, 2016, at around 00:37, the Defendant: (a) received a report from 112 that “A young male who appears to be a young student,” and (b) asked D to return home from D to a police officer affiliated with the Suwon Police Station C commander of the Suwon Police Station, who was under the influence of alcohol, and provided D with a bath that “A young student shall have known. I have known. I have been able to do so. I shall do so.” On the other hand, D continued to walk and return home to the Defendant, and expressed D’s defect, she has expressed D’s face to read “a sing, chewing, and singing, I will see, I will see, I will see, I will see, I will see, I will see,” and she had expressed two times the face of D with drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties on the handling of reported cases and the protective measures for the hosts, which are police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes to entries in the 112 Reporting Case Handling List;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The defendant alleged that he was in a state of mental or physical disability under the influence of alcohol at the time of the crime of this case. Thus, according to each of the above evidence, the defendant's argument that he was in a state of mental or physical disability under the influence of alcohol at the time of the crime of this case is not in a state of lacking ability to discern things or make decisions. Thus, the defendant's argument is rejected.

The reason for sentencing is that the defendant is the first offender and is recognized as substitute for the crime, the defendant has caused contingent crimes while taking advantage of all the circumstances shown in the arguments of this case, including the fact that the degree of exercise of violence against police officers is minor, and the age, character and conduct, motive of the crime, circumstances after the crime, etc., shall be determined as ordered by considering the whole circumstances shown in the arguments of this case.

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