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(영문) 대구지방법원 서부지원 2019.01.23 2018고단2456
공무집행방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 22:00 on September 3, 2018, the Defendant: (a) reported 112 that “A drunk male fright is drunk; (b) sent out after having been reported 112, expressed that D’s slopeD belonging to the Taesgu Police Station C police box, which was called out, would be able to return home to the Defendant; and (c) when D demanded the Defendant to produce his identification card, D’s face was taken once a week.

As a result, the defendant assaulted police officers to interfere with the legitimate execution of duties of police officers in relation to the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (to attach photographs to a CD or a caps of on-site damaged video storage);

1. Application of the Acts and subordinate statutes to the service place of a patrol box;

1. Article 136(1) of the Criminal Act applicable to the facts constituting the crime of this case, the choice of a fine (such as the fact that the defendant is against the crime of this case, the degree of violence is not serious, and the fact that the defendant is an initial criminal without any previous criminal record) and other circumstances shown in the argument of this case

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion as to the defendant's assertion under Article 334 (1) of the Criminal Procedure Act is alleged to have been in a state of mental disorder or mental disorder by drinking while committing the crime in this case. However, according to the above evidence, it cannot be viewed that the defendant was in a state of lacking or weak ability to discern things or make decisions under the influence of alcohol at the time of committing the crime in this case. Thus, the above argument is rejected

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