beta
(영문) 수원지방법원 안양지원 2019.02.13 2018고단1902

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 11, 2018, the Defendant requested the police officer to return home with the victim E belonging to the D Zone D District of the police station and the horse F, who was on the back seat of the taxi vehicle, during the safe period of being called up after receiving 112 reports on the 110th day from the day on which he was under the influence of alcohol in front of the C cafeteria, and was in front of the C cafeteria, the Defendant threatened the police officer with “dy, dys, dys, sys, sys, sys, sys, sys, sys, and sys,” and “dys, sys,” and the Defendant interfered with the legitimate performance of duties by the police officer concerning the handling of the victim’s body by assaulting the victim’s body by his hand, such as assaulting the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to investigation reports (exploiting of field images and recording records);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. It is necessary to strictly punish the accused who committed abusive and assault against a police official on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, in order to establish a State’s legal order.

However, the attitude of recognizing and reflecting crimes seems to be.

Intoxicated, it has been committing a crime by accident.

It is an initial crime without criminal force.

The punishment as ordered shall be determined in consideration of such circumstances, the age, character and conduct, environment, etc. of the defendant.