beta
(영문) 수원지방법원 안양지원 2020.01.08 2019고단2317

공무집행방해

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

At around 09:40 on October 19, 2019, the Defendant: (a) opened a back seat of the E-benz car operated by D, under the influence of alcohol, and received a report from the Defendant, and sent to the site, and the circumstances leading up to the F Zone Team of the Ansanan Police Station, which called the Defendant on a motor vehicle, sent to the site after receiving a report from 112 that the Defendant would put the Defendant into a stop; (b) stated, “I am in the same way. I am?????????????????????????????????????????????????????????????????????

As a result, the defendant interfered with legitimate execution of duties concerning police officers' 112 reports and criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of D and H;

1. Application of related Acts and subordinate statutes to photographs;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the following factors shall be comprehensively taken into account the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, and various factors of sentencing as shown in the records and arguments, such as the circumstances after the crime.

D. Unfavorable circumstances: The crime of this case committed an assault against a police officer who makes a 112 report to the defendant while under influence of alcohol, and the crime of this case is deemed to be poor in light of the form of crime, etc.

The crime of obstruction of the performance of official duties needs to be punished strictly in order to eradicate the state's awareness of public power and to establish the state's legal order.

The degree of interference with the execution of the official duties of this case is not easy, and the defendant did not reach an agreement with the damaged police officer.

The favorable circumstances: The defendant seems to have a view to recognizing and opposing the crime.

The defendant has lost his ability to determine the crime of this case by committing the crime of this case.