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(영문) 서울동부지방법원 2014.06.13 2014고단1191
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 23, 2014, at around 22:20, the Defendant, at the C cafeteria located in Gwangjin-gu Seoul Special Metropolitan City, proposed the Defendant to stop the police officer E, etc., who was dispatched after receiving a report, sent by the Defendant. The Defendant expressed to E that “this rings ought to be able to come, she was cut off, she was going to go through, and she was going to go on, a public official, and her face, and assaulted twice, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of reports and maintenance of order.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of F and E;

1. At the time of determining the Defendant’s assertion on each investigation report, the Defendant asserts to the purport of mental disorder that the Defendant had no memory under the influence of alcohol. However, according to each of the above evidence, the Defendant cannot be deemed to have lost or weak ability to discern things or make decisions under the influence of alcohol, and thus, the above assertion is rejected.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts and the choice of punishment (the choice of fines in consideration of the fact that there is no previous criminal record of a single fine, and the degree of violence or obstruction of performance of official

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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