beta
(영문) 청주지방법원 2019.02.14 2018고단2381

공무집행방해

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 02:00 on September 4, 2018, the Defendant: (a) received 112 reporting that he/she was assaulted; and (b) requested voluntary movement to investigate the assault case from the victim E (the aged 31) belonging to the police station for the Cheongju Police Station D District of the Cheongju Police Station, who was dispatched to the scene, and on the back of the patrol, was on the back of the patrol; (c) reported that the Defendant was able to get on the front of the patrol of the same F who was assaulted by the Defendant; (d) expressed that he/she was able to see whether he/she was the victim E; and (e) expressed that he/she was able to take on the back of the patrol; and (e) was able to take the victim’s knife with his/her hand, and (e) was able to take the victim’s knife with his/her hand, and (e) took the victim’s face twice from the opposite part to his/her hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports and criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, F, G, E, I, and J;

1. CCTV images;

1. Photographs damage situations, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (the details of voluntary investigation, etc.);

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and six months) of the obstruction of performance of official duties shall be the category 1 (the obstruction of performance of official duties and the coercion of official duties).

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, including the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

The nature of crimes such as exercising tangible power to police officers in the process of performing official duties due to their uniform, and obstructing the performance of official duties is publicly announced by the government and establishing the order of the rule of law.