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Reasons
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(영문) 서울중앙지방법원 2015.02.05 2014고단7695
공무집행방해
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Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

The Defendant, at around 06:50 on October 21, 2014, at around 06:50, when the Defendant was unable to discern things or make decisions due to a stimulative disorder, the Defendant: (a) around 06:50 on October 21, 2014; (b) around the Gangnam-gu Seoul citizen Park, Seoul, upon receipt of a report on his own house; and (c) the police officer F and patrolman called the police officer affiliated with the Seoul Gangnam Police Station E commander of the Seoul Gangnam Police Station E commander of the Seoul Gangnam Police Station, sent the Defendant a strong attitude; (d) the police officer showed a strong attitude toward the Defendant; and (e) the police officer sent the police officer to the police officer to the police officer at his/her own seat on his/her own body. (c) At the same time, the Defendant continued to handle the police officer’s assault and boom on his/her right hand, by breaking up the face of Gman, and destroyinging him/her to perform his/her duties on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The statement of each police officer made to F and G;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. Mitigation of mental disorders, Articles 10 (2) and 55 (1) 3 of the Criminal Act;

5. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is against the Defendant’s confession of the crime, the fact that the Defendant committed the instant crime in a state of mental and physical disability due to a bipolartic disorder, etc., without any criminal records, and the Defendant’s age, environment, background, details of the instant crime, circumstances after the crime, etc., shall be determined as per the order of sentencing in consideration of the sentencing conditions under Article 51 of the Criminal Act, including the Defendant’s age, environment

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