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(영문) 서울중앙지방법원 2015.09.15 2015고정2551
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On September 29, 2012, at around 03:00, the Defendant: (a) received a report from Seongbuk-gu Seoul Metropolitan Government BBB loan 303, which was an assaulting violence; and (b) received a report from 112, the police officer, who was a police officer belonging to the Seoul Sejong Cancer Police Station C District, sought to hear the statement of damage from E living together with the Defendant; and (c) sought to confirm the circumstances of the case; and (d) assaulted the said D, such as spiting down or spiting down, etc. on the face.

Therefore, the above defendant interfered with the maintenance of the police officer's order, crime prevention and investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of E;

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. The defendant asserts to the effect that the defendant's argument on the provisional payment order under Article 334 (1) of the Criminal Procedure Act was in a state of mental disorder or mental disorder at the time of the instant case.

According to the records, although the defendant could be recognized that he was drinking at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the means and method of the crime, and the defendant's speech and behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case

or weak conditions may not be deemed to have existed.

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