공무집행방해
Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
피고인은 2019. 10. 6. 01:45 서울 용산구 B 소재 C 주점 앞에서 ‘피고인이 술에 취해 행패를 부린다’는 취지의 112신고를 받고 출동한 서울용산경찰서 D파출소 소속 순경 E로부터 신분증 제시를 요구받자 주먹으로 E의 가슴부위를 때리고, E로부터 위 행위에 대해 공무집행방해죄로 처벌받을 수 있음을 고지받자 “내가 뭘 했는데요 ”라고 말하며 주먹으로 E의 가슴부위를 수회 때렸다.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to investigation reports (review pictures and videos of police officers visiting the site), investigation reports (112 reports and reports accompanied by work logs);
1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The punishment of Article 334(1) of the Criminal Procedure Act against a police officer who was on the ground of sentencing in the course of performing official duties is not sufficient to commit a crime;
However, in full view of the fact that the defendant appears to have committed the crime and the attitude against him, the fact that the victimized police officer does not want the punishment of the defendant, the fact that there was no record of punishment other than a fine once, and other circumstances that are the conditions of sentencing as shown in the trial process of this case, such as the defendant's age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered