beta
(영문) 대구지방법원 서부지원 2019.08.29 2018고단3394

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 24, 2018, around 09:00, the Defendant: (a) took a bath before the entrance of the “C” entrance in Daegu-gu, Daegu-gu; and (b) took an assault, and (c) took a shelter from E (the age of 26) of the police box affiliated with the police box of the Daegu-gu Police Station, which was called upon upon receiving a report, sent to the Defendant, took a bath; (b) took a bath, and (c) took a part in the body part of the said E, and her hand took part in twice, and took part in the arms for drinking.

As a result, the Defendant interfered with the legitimate execution of duties concerning crime prevention and suppression of the above E, who wear police uniforms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports and telephone communications for reference;

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. In order to establish the legal order of the country with reason for sentencing of Article 334(1) of the Criminal Procedure Act and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties.

However, the sentencing conditions specified in the arguments of the instant case, such as the Defendant’s confession, mistake, the fact that the victimized police officer does not want punishment, the Defendant has no record of criminal punishment, and the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the instant crime, etc., shall be determined as ordered in consideration of all the sentencing conditions specified in the arguments of the instant case, such as the circumstances after the crime.