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(영문) 창원지방법원 통영지원 2018.02.22 2017고단1748

공무집행방해등

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

1. On October 27, 2017, the Defendant: (a) received a report from the victim D on 04:00 on October 27, 2017, and received a report from the victim C and 301; (b) sent the police guards E, who met with her hand, bucking with her scambling with her arms, and went away with her anti-ends, and (c) took a bath to the victim D’s her residence, and (d) failed to comply therewith.

2. 공무집행 방해 피고인은 2017. 10. 27. 04:10 경 제 1 항 기재 장소에서 퇴거를 요구하며 이름을 물어보는 경찰관 경사 F에게 “ 니들이 나가면, 내 나간다” 라며 퇴거요구에 불응하여 퇴거 불응죄 등으로 현행범 체포를 하여 연행을 하려고 하자, 301호 앞바닥에 드러누운 채 “ 저리 가라, 어디 한번 해보자 ”라고 고함을 지르면서 양 발로 연행하려는 경사 F의 복부를 약 3회 차고, 왼쪽 허벅지를 2회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A report on internal investigation (as to the situation of dispatch, etc. to the scene), an investigation report accompanied by a photograph of a victim part of the scene, an investigation report on dispatch to the scene, and an investigation report on the damage level;

1. 112 Application of the Acts and subordinate statutes of the Table for Reporting Processing;

1. Relevant legal provisions of the Criminal Act, Article 319(2) and (1) of the Criminal Act (which does not comply with the eviction), Article 136(1) of the Criminal Act (which interferes with the performance of official duties) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant's recognition of each of the crimes of this case, and the victim of the crime of refusing to leave agreement is not subject to punishment against the defendant, the defendant is an initial offender who has no record of criminal punishment, and the age, sex, environment, motive and background of the crime.