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(영문) 수원지방법원 성남지원 2017.05.24 2017고단630
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On February 22, 2017, at around 03:40, the Defendant received a 112 report that the Defendant would not pay the taxi fee, and requested the Defendant to pay the taxi fee and return home from a slope, a police officer belonging to the police station D police station in Seongbuk-gu, Sungnam-gu, Seoul, Seoul, to whom the Defendant called out, and received a 112 report that the Defendant would not pay the taxi fee, the Defendant would have to pay the taxi fee and return home.

“Abdoing the above police officer’s boat, booms the breast at once, booms the breast, and booms the f’s bath and head, a police officer drinking it.

Accordingly, the defendant assaulted the above police officers and interfered with legitimate execution of duties concerning criminal investigation and maintenance of order of the police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made in relation to F, E, and G;

1. Mobile phone image recorded CDs, black stuffs video recorded CDs;

1. The Defendant asserts to the effect that he was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

However, according to the records of this case, although the defendant is deemed to have considerable drinking at the time, in light of the circumstances and contents of the crime of this case, the defendant's speech and behavior before and after the crime of this case, it does not seem that the defendant did not have the ability or decision making ability to discern things due to drinking at the time.

Application of Statutes

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

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

1. Selection of a selective fine for punishment (such as the absence of previous convictions for the same type, the fact that they appear to be a dynamic crime under the state of their principal employment, the fact that the extent of the exercise of violence is not much serious, and the fact that they mislead and repent together);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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