beta
(영문) 서울서부지방법원 2018.08.17 2017고단2993

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 9, 2017, at around 09:15, the Defendant was under the influence of alcohol in the third floor of the building B in Eunpyeong-gu Seoul, Seoul, the Defendant assaulted that D’s security guards assigned to the Seoul Western Police Station C police box, who was called upon 112, recommended the Defendant to have the Defendant returned to the patrol vehicle and to return to the patrol vehicle after soliciting him to have the Defendant returned to the police station, and that “I would like to show CCTVs that caused the inside a scam scam,” and that “I would like to show CCTVs that caused the scambling of the above D to prevent him from getting on the patrol vehicle by pushing ahead of the shoulder.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to field video CDs that obstruct the performance of official duties);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;