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(영문) 수원지방법원 성남지원 2016.06.15 2016고단855
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

피고인은 2016. 4. 9. 22:16 경 성남시 중원구 B에 있는 ‘C’ 앞 노상에서 술에 취한 상태로 잠을 자 던 중 ‘ 가게 앞에 사람이 쓰러져 있다’ 는 112 신고를 받고 출동한 성남 중원 경찰서 D 지구대 소속 경장 E이 피고인을 흔들어 깨우자 갑자기 “ 이 짭새들아, 니들 뭐냐,

In the Bags, the bucks of the above E were assaulted at one time on the hand with the hand floor of the bath as "weaks".

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported duties by police officers and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. The Defendant asserts to the effect that he was in a state of mental disorder due to drinking alcohol at the time of committing the instant crime under Article 136(1) of the Criminal Act regarding the relevant criminal facts.

According to the records, even though the defendant was under the influence of alcohol at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the details of the crime, the defendant's attitude at the time of the crime, and the circumstances before and after the crime of this case, it is not recognized that the defendant's drinking did not change things or did not have the ability to make a decision, or

1. Selection of a fine for selective punishment (the case where a police officer, who was under the influence of alcohol, has broken down the defendant who was under the influence of alcohol. According to Article 4 of the Police Officers' Duties Execution Act, a police officer may take appropriate measures, such as protecting a police officer's body or other person's life or property, and the police officer's principal duties are "protection of people's body and property." The police officer's duties are one of the main duties of a police officer working in a district group, and the above duties are one of the main duties of a police officer. The police officer who is a police officer in the district group can anticipate the exercise of tangible power to a certain extent.

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