beta
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
Criminal facts
At around 19:50 on September 8, 2015, the Defendant did not pay the amount of food after drinking alcohol and drinking alcohol within the 'D' restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government. The Defendant received 112 report and received a penalty notice from F of the police box affiliated with the police box of Yeongdeungpo-gu Police Station dispatched to the site and received 112 report.
Accordingly, the Defendant spits spit on several occasions on the face of the above police officer, and spiting “Woo kbb hack and sack kb hack kb hack,” and assaulted the above police officer’s face twice on a drinking and the chest once again on one occasion, such as a car.
Accordingly, the defendant interfered with the legitimate performance of official duties concerning the handling of 112 reporting duties by police officers.
Summary of Evidence
1. Statement by the defendant in court;
1. Examination protocol of the accused by prosecution;
1. The police statement concerning F;
1. The defendant's assertion of G's assertion that he was in a state of mental disorder by drinking alcohol at the time of the instant case. As such, when based on the materials submitted during the pleading process, there are circumstances to deem that the defendant was in a state of drinking alcohol at the time of the instant crime. Meanwhile, according to the evidence duly adopted and investigated by this court, the defendant had the record of being punished on the ground that he committed violent acts against others under the influence of drinking over several occasions before the instant case. Considering these circumstances, even if the defendant was in a state of mental disorder under the influence of alcohol at the time of the instant case, it is deemed that the defendant was in a state of mental disorder by himself, and thus, it is difficult to consider whether the punishment against the defendant was reduced or exempted pursuant to Article 10 (3) of the Criminal Act.
Therefore, this part of the defendant's assertion is rejected.
Application of Statutes
1. Article 136 of the Criminal Act concerning the crime