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(영문) 서울서부지방법원 2017.02.28 2016고단4010
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Around 00:50 on November 30, 2016, the Defendant expressed that “three persons are frighted at the street” to the police officer D, who was asked by the police officer D concerning personal information from the police officers assigned to the field after receiving a report from 112 that “on the street, three persons are frighted at the roadside” during the front of the front of the front line of the police officer, and who was asked by the police officer D about his personal information, he sawd that “fright to know why he will fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright the shoulder of the above police officer D, and fright to fright to fright to fright the shoulder of the police officer E and F who continued to commit the above act.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. 112 Application of the 112 Reporting case handling list, and the Acts and subordinate statutes governing damaged parts of the photo;

1. Article 136 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act selection of punishment;

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

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) a large number of police officers who have exercised tangible power; (b) a large number of victim police officers who have exercised tangible power; and (c) a person who has no criminal record for the same kind of crime; and (d) a defendant’s age, sexual conduct, environment, etc. The defendant asserts that the defendant’s assertion was in mental or physical loss or mental weakness under the influence of alcohol at

According to the records, although the defendant could be recognized that he was drinking at the time of the crime of this case, in light of the background leading up to the crime of this case, the means and method of the crime, and the defendant's speech and behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.

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