(영문) 청주지방법원 제천지원 2016.09.01 2016고단241

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(영문) 청주지방법원 제천지원 2016.09.01 2016고단241

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

Around 14:40 on May 10, 2016, the Defendant: (a) reported at the 147 South-dong community service center, “A person is written in the building of the South-dong community service center; and (b) confirmed the details of the report, etc. to the employee of the Da-dong community service center who was dispatched to the Do-dong community service center on the 112 report; and (c) during the process of reporting to the employee of the Do-dong community service center, D, who was dispatched to the Do-dong community service center on the Do-dong community service center, the Defendant interfered with the police officer’s legitimate performance of duties concerning the handling of the 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. CCTV recording CDs;

1. Application of Acts and subordinate statutes to photographs analyzing CCTV images;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant and his defense counsel asserted that the mental disorder under Article 334(1) of the Criminal Procedure Act should be mitigated on the ground that the defendant was under the influence of alcohol at the time of the crime of this case, and thus, the punishment should be mitigated or exempted.

In light of the background and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s attitude of testimony, etc. acknowledged by the evidence duly adopted and examined by the court, even if the Defendant was under the influence of alcohol at the time of the instant crime, it cannot be deemed that the Defendant was in a state of lacking or loss of the ability to discern things or make decisions.

Defendant

This part of the defense counsel's assertion is rejected.

The sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the following circumstances:

2.2.2.2.24

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