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(영문) 서울북부지방법원 2014.09.30 2014고정1649
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 April 19, 2014, at around 00:20 on April 19, 2014, the Defendant was used in front of the shopping district in Jung-gu Seoul Metropolitan Government, and was shouldered by C, who was a police official, to return to Korea. However, the Defendant interfered with C’s legitimate crime prevention duty, which is a police official for about 30 minutes of police officers, by discovering the article that occurred on his own, taking the right direction, cutting down the bridge of the above C, taking a bath, taking a walk, and scambling, and blocking C’s patrol vehicle to be called to another report, blocking C’s front of the patrol vehicle to be called to the scene, and preventing him from getting on the front of the steering.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (related to attachment of motion pictures presented by a victim);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. As the Defendant’s argument regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is alleged to be in a state of mental disability, the Defendant is deemed to have been under the influence of alcohol and thus, it does not appear that the Defendant had weak ability to discern things or make decisions at the time of committing the instant crime in light of various circumstances, such as the background of the crime, the means and method of the crime, and the Defendant’s behavior before and after the instant crime.

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