beta
(영문) 창원지방법원 2019.01.10 2018고단3048

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 2, 2018, at around 04:10 on November 2, 2018, the Defendant reported to the effect that there was a traffic accident caused by drinking driving in front of the street point near the main point of “C” located in Kimhae-si B, and demanded a drinking test to E-friendly job offer F who is presumed to be a drinking driver, and the Defendant demanded the E-friendly job offer F to be a drinking driver, the Defendant raised the complaint, sealed E with the body of E as his hand, and prevented G who belongs to the same global group, the Defendant told G to read “C” as “C due to weather and weather, and pushed off the body of G with his body.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and G;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The punishment for the crime of obstruction of performance of official duties is required in order to establish the legal order and order of the country with reason for sentencing under Article 334(1) of the Criminal Procedure Act and eradicate the light of the public authority. However, the defendant still has his age, appears to have committed the crime of this case in a contingent manner, the defendant is a first offender with no criminal power, and the defendant is able to commit the crime of this case, and the defendant has committed a mistake in depth while making a confession, and the degree of obstruction of official duties and violence of this case is not much serious, and the damaged police officers have not been much much weighted, and the defendant's age, character, character, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be considered, and all of the various circumstances that are the conditions for sentencing of this case shall be determined as the order for