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(영문) 서울북부지방법원 2016.06.23 2016고단1366
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On February 27, 2016, the Defendant: (a) around 20:30 on the 55th line in front of the Korean National Bank in Seongbuk-dong, Seongbuk-gu, Seoul, and obstructed the passage of vehicles.

Therefore, as the security guards of the Class B police box called up after receiving 112 report were used to stop home to the defendant, C was saved by hand, and was assaulted over the floor.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. On the Defendant’s assertion of Articles 70(1) and 69(2) of the Criminal Act, the Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

In light of various circumstances, such as the circumstances surrounding the instant crime, means, details of the crime, and the Defendant’s behavior before and after the instant crime, it cannot be deemed that the Defendant did not have or lacks the ability to discern things under the influence of alcohol at the time of the instant crime, and thus, the foregoing assertion cannot be accepted.

The grounds for sentencing include the fact that the defendant recognizes the crime and reflects on the fact that the defendant is the defendant's wife, and that C is the defendant's wife, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, criminal conduct, family relationship, circumstances before and after the crime, criminal punishment records, etc., shall be determined

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