beta
(영문) 청주지방법원 2016.03.31 2015고단1333

공무집행방해등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. 공무집행 방해 [2015 고단 1333] 피고인은 2015. 7. 27. 23:35 경 청주시 흥덕구 B에 있는 C 주점 앞 도로에서, 술에 취해 위 도로를 통행하는 차량의 앞을 가로막고 진로를 방해하다가 불상자의 신고를 받고 출동한 청주 흥 덕경찰서 D 지구대 소속 경위 E과 같은 소속 경사 F가 피고인을 제지하고, 위 불상자를 돌려보낸 다음 피고인에게 귀가할 것을 권유하자, 갑자기 위 E에게 “ 야, 쟤는 보내고, 왜 나한 테만 이러는데 ”라고 하면서 양손으로 위 E의 가슴을 수회 밀쳐 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and the prevention of crimes by police officers.

2. Fraud [2015 Highest 1986] around July 20, 2015, the Defendant ordered “I main point” operated by the Victim H in Chungcheongnam-si, Chungcheongnam-si, the Defendant, as an employee of the said main point, to pay the drinking value to J, and issued an order to C in 21 year C.

However, since the defendant did not have money, there was no intention or ability to pay the drinking value even if he was provided with alcohol from J.

In such a situation, the Defendant was provided by the J with 80,000 won, the market price of the victim’s possession at the same time, 21.

Accordingly, the defendant was granted property owned by the victim by deceiving J.

Summary of Evidence

[2015 Highest 133]

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of E and F preparation;

1. Self-Reporting of the skin (2015 highest 1986);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements prepared by the J;

1. Application of details of transactions, business registration certificate, field photographs and statutes;

1. Article 136 (1) and Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.