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(영문) 수원지방법원 안양지원 2014.10.30 2014고단1194
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

Under the influence of alcohol, the Defendant committed the following crimes under the state that the Defendant lacks the ability to discern things or make decisions:

On June 2, 2014, around 21:40, the Defendant: (a) on the 1st floor of the 21st floor of the Yanyang-gu B apartment commercial building in Ansan-gu, Annyang-gu; (b) received a report of alcohol and the date of vision with C; and (c) requested the Defendant to return home from D District Unit E belonging to the Yanyang-gu Police Station D District in the Gyeonggi-gu, the Ganyang-gu, the Ganyang-gu, the Ganyang-gu, which called the Defendant: (a) expressed the Defendant’s desire to sing away from F; and (b) used the Defendant

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 10 (2) and (1) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant uses violence against a police officer who wears a uniform called upon receiving a report.

In addition, there are many criminal records against the defendant, and the fact that there are many criminal records against the defendant seems disadvantageous.

However, it seems that the Defendant had no previous conviction or more than a suspended sentence, and there was no previous conviction after the violent fine of 2002, the Defendant appears to have been in a state of mental or physical disability under the influence of alcohol, such as her amb, which closes his door without any justifiable reason, by setting the so-called "gluor" in the amb, etc., and the Defendant appears to reflect his or her mistake while making a confession from the police.

There are various circumstances that form the conditions of sentencing specified in the arguments and records of the instant case on the basis of the prosecutor's sentence (six months of imprisonment) and the example of sentencing of the same kind of case.

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