beta
(영문) 수원지방법원 안양지원 2019.06.28 2019고단843

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

On April 11, 2019, the Defendant assaulted the police officer D, who was on the left side of the C District District, where he was called up after having received 112 a report, to drink without any justifiable reason, on the front side of the C District, and was in the process of dealing with the accident.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on crime prevention and maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of the Babbbbbling video images and the Babbling video images laws and regulations

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 defendant who committed violence against a police official on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, in order to establish the State’s legal order.

However, the defendant seems to have led to the confession and reflect of the crime.

It is an initial crime without criminal force.

Intoxicated, it has been committing a crime by accident.

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