beta
(영문) 서울동부지방법원 2019.01.17 2018고단3868

공무집행방해등

Text

Defendant shall be punished by a fine of five million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On November 4, 2018, the Defendant committed an assault, such as witnessing the scene where D, who was called up in relation to the violence case in front of Songpa-gu, in front of the Songpa-gu, to the scene where D, who is the Defendant’s police box, was arrested as a flagrant offender, and resisting D’s arms, knife the body, and close the patrol car’s door.

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

2. The Defendant was injured by negligence in the time, place, as mentioned in the above Paragraph (1) above, in order to prevent the victim D (35 years of age) from carrying the patrol car in order to prevent the defects in the patrol car, and caused the victim’s fingers by negligence that did not confirm that the above victim’s fingers were in the gaps of the patrol car, thereby causing the victim’s fingers to fall within approximately seven days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the body of injury photograph, and written diagnosis of injury;

1. Relevant Articles 136(1) and 266(1) of the Criminal Act (the point of obstruction of performance of official duties) and the choice of each fine concerning the crime;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The act of assaulting a police officer in the course of performing official duties is not good to be a crime; circumstances favorable to the fact that the victim's damage has not been recovered: The defendant's mistake is divided and reflected; there is no record of punishment for the same crime; the defendant's age, character and conduct, motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments, such as the circumstances after the crime,