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(영문) 대구지방법원 김천지원 2017.05.31 2016고단1189
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On July 11, 2016, the Defendant assaulted the Defendant at the emergency medical center of Kimcheon-si, Kimcheon-si, and at the emergency center of Kimcheon-si, Kimcheon-si, Kimcheon-si.

“A police box belonging to the Kimcheon Police Station C of the Kimcheon Police Station, who was dispatched to the above site upon the report of the assault, shall be out of the Defendant.

Defect, “Chos Ha, Ma, Ma, Ma, Ma, Ma, Ma., Ma., Ma.

One, while called "Seman Ha", I am at the time of drinking E's cocon part of the police officer.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement made by the police for E;

1. A written statement of G and F;

1. A report on internal investigation (the photograph, etc. of the victim of the assault and the victim in the course of performing official duties);

1. Application of the Acts and subordinate statutes to investigation reports (Attachment to CCTV images from Kimcheon Medical Center);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant asserts to the effect that he was in a state of mental and physical disorder under Article 334(1) of the Criminal Procedure Act, i.e., under the influence of alcohol at the time of committing the instant crime.

According to the records, even though the defendant was in a state of drinking alcohol at the time of the crime of this case, in light of the background of the crime of this case, the details of the crime, the attitude of the defendant, the circumstances before and after the crime of this case, etc., it is not recognized that the defendant was in a state of drinking, or did not have the ability to discern things or make decisions

In order to establish a national law and order for sentencing and eradicate the awareness of public power, it is necessary to strictly punish crimes against public authority such as interference with the performance of official duties.

The defendant, while under the influence of alcohol, assaulted a police officer who was dispatched after receiving 112 report without any particular reason, and the responsibility for the crime is not weak.

However, the defendant drinks a drinking.

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