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(영문) 대구지방법원 서부지원 2018.11.14 2018고단699
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 15, 2018, the Defendant: (a) was divingd in front of the Dogdong-gu, Daegu-gu, Daegu-gu, 4:22-gil, on the street in front of the Dogdong-gu, Daegu-gu, 2018; (b) the police officer of the B police box called “the police officer assigned to the B police box called B, who was under the influence of 112 after receiving the 112 report, opened the door of the vehicle in the taxi and opened the door of the vehicle at the seat of the Defendant, and opened the door of the vehicle at the seat of the police officer.” After having taken the Defendant into the taxi, the Defendant asked the Defendant to “I am off the Dog-gu, I am my seat, I am my seat, and am my face, and interfere with the legitimate handling of the police officer’s criminal investigation, such as assaulting the Dog’s face, thereby obstructing the performance of his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D and C;

1. Article 136(1) of the Criminal Act and Article 136(1) of the same Act concerning criminal facts, the selection of fines (including the fact that the defendant is against the crime of this case, that the degree of violence is not serious, that the defendant does not have any particular criminal history in addition to the punishment of a fine for another type of crime, and that the defendant has no other criminal history). Other circumstances shown in the arguments of this case are considered

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts to the effect that he was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

In light of various circumstances, such as the background and means of the crime, the details of the crime, and the defendant's behavior before and after the crime committed by the above evidence, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion by the defendant cannot be accepted.

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