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(영문) 서울중앙지방법원 2016.11.10 2016고단2441
공무집행방해등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, some of the facts charged are legally adopted and investigated by this court.

1. In a state of weak ability to discern things or make decisions due to mental illness, such as a bipolar disorder, the Defendant interfered with business, at around February 27, 2016, the victim C in Gangnam-gu Seoul Metropolitan Government as an employee, and at around February 23:0, 2016, the Defendant interfered with the victim’s carcing business by force, by allowing the victim C to get the customers who were in his/her place, without any reason, to have a small amount of disturbance, such as provokinging, frighting, and huming, and humping, without any reason.

2. When the Defendant lacks the ability to discern things or make decisions due to mental illness, such as the above 1.3, and around 00:15, on February 28, 2016, the Defendant expressed that “I am, spice, spons, and amb off the body of the Defendant,” and that “I am amb off the body of the Defendant, I am am ambling, I am ambling, I am ambling, I am ambling, I am ambling, I ambling, I am ambling, etc., I ambling the Defendant on 7-8 occasions at F’s head and clothes, and ambsphering the Defendant with the face of the Defendant who tried to arrest the Defendant as a flagrant offender on the grounds of obstruction of carpet business operations and obstruction of the performance of official duties on the part of the Defendant.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each written statement C, H and I;

1. Application of the photographic Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act of the relevant Article of the Criminal Act concerning the crime is interference with;

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