beta
(영문) 수원지방법원 평택지원 2019.06.14 2019고단134

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

At around 00:30 on January 28, 2019, the Defendant reported to the effect that “the drinking value is too high,” and sent back to E by the Defendant, the Defendant called “A police officer belonging to the Pyeongtaek-gu Police Station D Zone D District, who was called out by the Defendant, requested the Defendant to return home after paying the drinking value from the said police officer.” On January 28, 2019, the Defendant made the said police officer’s breast at one time.

In the end, the Defendant interfered with the legitimate execution of official duties concerning the dispatch of police officers according to 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act that the defendant committed violence against a police officer who conducts legitimate performance of official duties under the influence of alcohol.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant has no record of punishment for the same kind of crime, the fact that his mistake is against him, and the age, character and conduct, environment, circumstances leading to the crime, circumstances after the crime, etc.