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(영문) 서울중앙지방법원 2018.11.29 2018고단5999
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 21, 2018, the Defendant: (a) around 02:50 on the street in front of Gwanak-gu in Seoul Special Metropolitan City, the Defendant: (b) called, “I check the black box of the patrol car at the Party” to E at the seat of the police station D (Seoul), which was called the taxi engineer of the taxi on which the Defendant was aboard, and called “I check the black box of the patrol car at the Party,” but the above E does not need to check the black box of the patrol car at the site upon receipt of a report, and thereafter check the black box of the passenger.

A. B. B. B. B. B. B. B. B. B. B. B. B. B. “F. B. B. B. B. B. B. B. B. B. B. B. B. assaulted the chest of the said E on one occasion by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports and maintaining order.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of C’s written laws and regulations

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 physically and mentally weak at the time of the instant crime. However, in full view of all the circumstances such as the motive and circumstance leading up to the instant crime committed by the aforementioned evidence, and the circumstances before and after the instant crime, even though it is recognized that the Defendant was in drinking at the time of the instant crime, it cannot be deemed that the Defendant had the ability to discern things or make decisions, and thus, the Defendant’s assertion is without merit.

For the reason of sentencing, the Defendant committed the instant crime against a police officer in performing official duties related to reporting processing 112 without justifiable grounds, and the instant case is not less than that against the law, but also bad in quality of the crime, and the Defendant is punished by a fine of KRW 3 million on September 13, 2016.

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