beta
(영문) 수원지방법원 안양지원 2013.11.29 2013고단1345

공무집행방해등

Text

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

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 20:00 on September 27, 2013, the injured Defendant: (a) sought his/her house in front of the ESA located in the Mapo-si; (b) sought the said church’s house at a low level; and (c) sought the entrance from the above church to walk up; (d) sought the victim F (18 years of age) who was engaged in sexual exercise within the said church; and (e) avoided this, the victim’s face part of the victim’s face was taken as the head of the Defendant’s head and suffered injury, such as a crime, where the victim’s number of days of treatment is unknown.

2. The obstruction of performance of official duties and the Defendant: (a) committed an injury to the police officer of the Military Police Station G District G District that received a report for the foregoing reasons; (b) took the Defendant’s view that the victim H (33 years old); and (c) took a bath to the circumstances of the instant case without any reason any defect in the investigation; (d) took the face of the said H four to five times in drinking, obstructing the police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of the crime; and (e) inflict an injury on the H for about two weeks at the same time and at the same time, interfered with the police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of the crime; and (e) inflict an injury on the police officer.

Summary of Evidence

[Case No. 1]

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (related to submission of a written diagnosis of a victim) (the fact of crime No. 2 in the market);

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to H of a medical certificate

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Each selective fine for punishment;

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

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

1. Even though the sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order had the record of having been sentenced to a fine for obstruction of performance of official duties, the Defendant also committed the instant crime.