beta
(영문) 의정부지방법원 2017.04.17 2017고단155

공무집행방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On November 27, 2016, around 22:28, the Defendant, at the center of the central office of the KT Kimcheon-si, who was reported on November 27, 2016 to the road that a host of the vehicle was prevented, and was dispatched to the site by C to ask questions about the circumstances of the instant case by the police officer assigned to the police box B of the Kimcheon Police Station B, who was asked him of the question by the police officer assigned to the police station B of the Kimcheon Police Station, and assaulted the above C, such as: (a) selling the buck bucks of the said C three times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Written statements of D;

1. Application of each of the Acts and subordinate statutes stated in the 112 Report Processing List and investigation report (on-site conditions, etc.);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria shall not apply as the case has been selected by a fine)

The defendant's crime of obstructing the legitimate performance of official duties by assaulting police officers is less than that of the defendant.

subsection (b) of this section.

However, considering the fact that the defendant is living in depth while making a confession of crime, there is no record of criminal investigation or criminal punishment, and that the defendant has deposited KRW 2 million for the police officer victimized, his age may still have a big impact on the future life of the defendant who has attained majority when he is sentenced to a suspended sentence of imprisonment, etc., the defendant will be sentenced to a fine to be sentenced.

In addition, the amount of fine was determined considering the fact that the defendant has made considerable economic efforts for the status and deposit of student status.