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(영문) 제주지방법원 2013.12.19 2013고정947
공무집행방해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 18, 2013, the Defendant: (a) on the road in front of the Seogpo-dong No. 112, Seopo-gu, Seopo-dong, Seopo-gu, Seopo-gu, Seopo-dong, the Defendant: (b) confirmed the circumstances leading up to the accident on board the E-learning car volume for the investigation into the accident site; (c) did not drive a drinking; (d) did not comply with the request for a drinking test; and (e) obstructed the police officer’s legitimate duties concerning the duty of reporting 112 by assaulting the breast part of the said D’s chest on one hand while getting off from the vehicle required for a drinking test; and (e) assaulting the 112 report duties.

2. On May 19, 2013, the Defendant, within a police box located in F at Seopopopopo City F, on May 19, 2013, obstructed the police officer’s legitimate performance of official duties by assaulting the head of D’s head during the process of releasing the Defendant’s lock who was arrested to take a drinking test to go home.

3. On May 19, 2013, around 00:43, the Defendant drafted a brination of a brushed water in the police box located in F at Seopopo City F for the purpose of measuring drinking, thereby obstructing the police officer’s legitimate performance of official duties by assaulting the brination D.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of D;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act. Since the defendant alleged that he was in a state of mental and physical disability under the influence of alcohol at the time of the crime of this case, the records show that the defendant was in a state of mental and physical disability. Thus, according to the records, it can be acknowledged that the defendant had a little amount of drinking at the time of the crime of this case, but

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