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(영문) 서울서부지방법원 2017.04.26 2017고단147
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 00:40 on December 27, 2016, the Defendant took a bath to request the police officer, etc. belonging to the Seoul Yongsan Police Station E box called Seoul Yongsan Police Station, etc. to pay a charge on the front of Yongsan-gu Seoul, Yongsan-gu, Seoul, with a report of 112 by an acting engineer who does not pay a charge, and requested him to pay a charge from the F, etc. of the police officer, etc. of the Seoul Yongsan Police Station E box called., “Sweaks, sweaks, bottles, and bottles.” On several occasions, the Defendant sawd the fransh of the F.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G and F;

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

1. Selection of a fine for selective punishment (the nature of a crime is not good because of abusive and assault to police officers in uniform, but the defendant reflects his/her wrongness and has no record of punishment except for those punished twice by driving under drinking in 2008);

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

1. The Defendant’s assertion of mental and physical weakness under Article 334(1) of the Criminal Procedure Act, even though he was in a state of drinking at the time of committing the instant crime, in light of the Defendant’s words and behaviors recorded in the record, it cannot be deemed that the Defendant’s ability to discern things or make decisions was weak, and thus, the above assertion by the Defendant and the defense counsel cannot be accepted.

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