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(영문) 서울중앙지방법원 2016.04.29 2015고정3958
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 18, 2015, at around 01:50, the Defendant was unable to drink and return home with D while drinking together with D at the front of the Seocho-gu Seoul building, Seocho-gu Seoul, the Defendant heard that D’s 112 report was sent to the taxi and returned home from D’s slopeF affiliated with the relevant slope F of the Military Police Station E box called “I must start to start, I would like to go back, I would like to say that I would go back to the taxi, I would interfere with the legitimate execution of duties regarding the protective measures of the police officer by assaulting F’s click.”

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness G and F;

1. Application of Acts and subordinate statutes to the draft D;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol at the time of the instant crime.

Therefore, according to the records, the fact that the defendant was under influence of alcohol at the time of the crime of this case is acknowledged, but due to that, there was no or weak ability to discern things or make decisions.

As such, the above assertion is rejected.

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