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(영문) 대전지방법원 서산지원 2017.07.07 2017고단345
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 March 9, 2017, the Defendant: (a) called “C” restaurant located in Jin-si B, Jin-si; (b) received the 112 report that “two persons passed fighting; and (c) confirmed the scene where a dispute is likely to arise, such as where E, a police officer, belonging to the D police station in Jin-gu, Jin-gu, who called “C,” left the restaurant; and (d) asked the Defendant of personal information and the circumstances of the case; and (c) obstructed the Defendant’s lawful performance of duties concerning the public safety and maintenance of order of police officers by assaulting the said E’s shoulder.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written statement;

1. Application of the Act and subordinate statutes to the D District Work Book, the 112 Report Processing List, and the video CD-related statute;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 of the Criminal Act concerning facts constituting an offense, the choice of fines (the degree of assault, the degree of assault, the fact that there is only a person before driving under the influence of alcohol in 207, and the fact that it

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that he was in a state of mental or physical weakness or loss by drinking at the time of committing the instant crime. Thus, according to the records, the Defendant was aware of drinking at the time of committing the instant crime, but in full view of the circumstances such as the background and result of the instant case, the Defendant’s behavior before and after committing the crime, it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions, and thus, the above assertion cannot be accepted.

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