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(영문) 인천지방법원 2017.01.26 2016고단7940
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 1, 2016, around 03:30 on October 1, 2016, the Defendant: (a) obstructed the victim’s restaurant business by blocking the victim’s restaurant business by cutting one a drinking device while drinking alcohol at the restaurant operated by the victim E on the second floor of the Seo-gu Incheon Metropolitan City, without any justifiable reason while drinking alcohol; and (b) cutting off the string device and throwing the air-conditioning onto the string; and (c) leaving the string, leaving the string, leaving the customers out of the bar by force.

2. The Defendant interfering with the performance of official duties shall fighting at the time and place mentioned in the preceding paragraph.

“Absentman belonging to the F District Unit of the Incheon Western Police Station, who received a report on 112 that read “Absing the scene,” and “Absent G voluntarily expressed that “Absing the face of the above G,” and obstructed police officials’ legitimate 112 duties concerning the handling of the reported case.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol with respect to G and E;

1. Physical photograph, crime scene photograph (the defendant and his defense counsel asserted to the effect that the defendant was unable to recognize that he was a police officer because he was in a state of mental and physical weakness due to the significant mental weakness of alcohol at the time. Thus, according to the records of this case, it is recognized that the defendant was drinking at the time of the crime, but it does not seem that the defendant did not have the ability to discern things or make decisions, or that the defendant and his defense counsel did not accept the above assertion.

Application of Statutes

1. Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of fines (the primary crime of the defendant is the victim E, the defendant was agreed with the victim, the defendant found several police officers in the case interfering with the performance of public duties, and continued to receive treatment for alcohol abuse prevention in the future).

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