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(영문) 의정부지방법원 2018.07.18 2018고단1841
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

On April 22, 2018, the Defendant: (a) on the top of the Seoyang-si 56, Seoyang-dong 56, Namyang-si, Namyang-si, Namyang-si, and received a report, and called “D’s patrol officer assigned to the police box C of the Namyang-si Police Station C of the same police box; and (b) received an identification confirmation from E belonging to the police officer assigned to the same police box to go to the taxi platform, and without any justifiable reason, D’s d’s d’, while going to the taxi platform to go to the house.

Whether or not the formation of relationship

"Absing off the drinking flag, the chest of D was flaged one time by hand, and the face of D was flaged by assaulting, such as flaging the Defendant's left hand, flaging the Defendant's left hand, flaging the Defendant's left hand, and flaging the E's left hand with his left hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 report handling.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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

1. According to the records, Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [The record reveals that the defendant / she was taking a fight, which was prescribed by the psychiatrist due to the fact that the defendant caused the coercion accident or the symptoms that she was involved at the time of committing the crime of this case, may show symptoms that her dynamic and memory may occur when she takes the drug of this case and drink together; the defendant appears to be drinking six persons from 20:00 on the day of committing the crime; the defendant is recognized to have been unable to completely memory about the day at which the crime of this case was committed; in light of the background leading up to the crime of this case, the details of the crime, and the circumstances before and after the crime, etc., the defendant is influenced by drugs and alcohol at the time of committing the crime of this case.

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