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(영문) 서울중앙지방법원 2015.03.26 2014고단9157
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is under a state that the Defendant lacks the ability to discern things or make decisions due to a stimulative disorder, etc.

1. On November 21, 2014, around 09:40, at the DB room located in Jung-gu Seoul, Jung-gu, Seoul, the police officer F of the Seoul Central Police Station E District Unit of the Seoul Central Police Station, and slope G, who was dispatched to the site after receiving a report, listen to the circumstances of the case against the Defendant, and the above police officers “I am out of the width, thrown away, and thrown down,” and “I am out, with his face twice by hand, by assaulting the Defendant, such as f of the police officers with regard to the handling of reported duties and suppression of crimes, and interfere with the legitimate performance of duties by police officers with regard to the handling of crimes and suppression of crimes;

2. On November 23, 2014, around 14:30, a police officer assaulted the police officer’s legitimate execution of duties concerning the handling of reporting duties 112, by assaulting the police officer, who was called out after receiving a report from 112, and demanded the police officer I to return home from the building located in H II in the Seoul Central Police Station E-gu, Seoul Central Police Station E-gu, the police officer called out after receiving a report from 112.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, J and G;

1. The K's statement;

1. Application of each statute on photographs of damage;

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. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act are against the Defendant’s confession of the crime, the fact that the Defendant committed the instant crime in a state of mental and physical disability due to a bipolartic disorder, etc., without any criminal history, and the Defendant’s age, character and behavior, environment, circumstances and details of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account all of the sentencing conditions specified in the instant case.

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