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(영문) 수원지방법원 안양지원 2018.07.25 2018고단254
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 12, 2018, the Defendant obstructed the performance of official duties, after receiving a report from 112 having been sent to the scene by two male men on the street in front of the Mayang-gu, Mayang-gu, Mayang-gu, Mayang-gu, Mayang-gu, the police officer affiliated with the Ddistrict of the Police Station, and did not respond to the solicitation for returning home to the Defendant, and the Defendant did so, and the Defendant committed assault, such as cutting off three minutes prior to the defective patrol vehicle in order to conduct the patrol by getting on the patrol vehicle, cutting off the ethth of the eth, which prevents the Defendant from doing the act, and cutting down the left hand.

Accordingly, the defendant interfered with legitimate execution of duties of police officers' patrol duties.

2. The Defendant damaged property by getting off the victim E’s left hand, such as Paragraph 1, at the time and place of paragraph 1, and Paragraph 1, and causing the victim’s son’s son to fall on the cell phone 6 mobile phone, thereby damaging the amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The defendant and his defense counsel asserts to the effect that the defendant was physically and mentally handicapped at the time of committing the instant crime.

According to the records, the facts that the defendant has a mental disorder may be acknowledged, but in light of the contents of the crime acknowledged by the adopted evidence, the behavior of the defendant before and after the crime, etc., the defendant had the ability to discern things or make decisions due to the above disability at the time of the crime.

shall not be deemed to exist.

Therefore, we cannot accept the above argument.

Application of Statutes

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 366 of the Criminal Act, and the selection of fines for crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, the suspension of execution of sentence, and the period of surveillance, committed a crime during the period of probation.

the year 201.

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