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(영문) 수원지방법원 안산지원 2020.02.14 2019고단4911
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

At around 22:55 on December 12, 2019, the Defendant: (a) stated that “I am under the influence of alcohol,” “I am under the influence of alcohol” on the front side of the YY-gu, Ansan-gu, Ansan-gu; (b) stated that “I am under the influence of alcohol, I am under the influence of alcohol” and “I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under this day.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers who perform duties such as crime prevention and national protection under 112 Report.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. A written statement;

1. Application of statutes on field documentary evidence images;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he was under the influence of alcohol at the time of committing the instant crime, and thus, the Defendant was in a state of mental or physical disability or mental disorder. In light of the record, the Defendant was deemed to have a drinking at the time of committing the instant crime, but was aware of the fact at the time of drinking, and in full view of the circumstances such as the background and result of the instant case’s act before and after committing the crime,

The above assertion cannot be accepted as it seems to be in a state or weak condition.

Although the nature of the crime is not weak due to the use of violence against police officers in the process of executing legitimate official duties for the reason of sentencing, it seems to be contingent crimes in the state of alcohol, and the degree of violence is shown.

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