beta
(영문) 수원지방법원 성남지원 2019.06.12 2019고단34

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

around 07:30 on January 1, 2019, the Defendant: “Around 07:30, Hanam-si B apartmentc,” “A police officer affiliated with the Gyeongginam Police Station, who received a 112 report, listens to the Defendant’s mother’s statement in the above apartment inside, and assaulted D, such as “I am, I am, I am, I am, I am, I am. I am. I am. I am.)”, “I am. I am. I am. I am. I am. I am. I am. I am. I am.”

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. E statements;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to notify on-site photographs and departments related to 112 case reporting;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The crime of this case committed in unfavorable circumstances to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an act of assaulting a police officer performing official duties, and its nature is not good.

In favor of the favorable normal defendant, the defendant recognized his criminal liability, and shows the form of reflection.

It is an initial crime without criminal punishment power.

(A) Other circumstances, including the motive, means and consequence of the crime, the character and conduct of the defendant, the circumstances before and after the crime, and the progress of the situation before and after the crime, etc., which are conditions for sentencing as shown in the arguments of this case, shall be determined as per the order.