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(영문) 서울서부지방법원 2018.05.16 2018고단81
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

The Defendant, while under the influence of alcohol, committed assault, around December 6, 2017, at the front of the emergency room of the C Hospital located in Yongsan-gu Seoul, Seoul, with the report of 112, “A male who was in the 119th place in the front of the emergency room of the C Hospital located in Yongsan-gu, Seoul, was subject to restraint from E by the police box of the Seoul Yongsan-gu Police Station, who was called out after receiving the report of 112, “A male who was in the front of the 119th place in the state of drinking, was subject to restraint from E, by hand when he was on the face

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement made to E and F;

1. CCTV CDs (i.e., the Defendant, who was under the influence of alcohol and was transferred to an emergency room in a hospital, exercised violence against the nurse or the security personnel of a hospital in the course of attempting medical treatment, etc. after being transferred to the emergency room, and the behavior or conversation of a series of defendants who avoided disturbance in the emergency room, and the police officer E in the call and the security personnel F of a hospital was aware of the

In full view of the fact that the defendant made a statement, he was in a state of infinite or mental or physical loss.

It is difficult to see that the Defendant was in a mental and physical weak condition under the influence of alcohol.

The decision is judged.

② The Defendant reported a disturbance in an emergency room by 112, and the victim police officers, etc. were dispatched to the scene, and conversations between the victim police officers, etc. and the Defendant were made thereafter, the Defendant could have known that the instant assault was committed during the process of leaving the emergency room to a wheel so as to make the Defendant genuine, and that the victim police officers, etc. were able to commit an assault against the victim police officers.

Since it appears, the defendant also has the intention to interfere with the execution of official duties.

Application of Statutes

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

1. Selection of an alternative fine for punishment (a defendant under the influence of alcohol shall be finally identified;

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