beta
(영문) 대전지방법원 천안지원 2015.09.21 2015고단1234

공무집행방해등

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

1. On April 15, 2015, the Defendant, who was in the past relationship with the victim B, was living together with the victim by requesting the victim to temporarily reside in his/her residence.

On June 16, 2015, at around 20:47, the Defendant rejected the victim’s residence in Seo-gu Ctel 506, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, that he had no place to go despite the victim’s demand that the victim stay in his house any longer.

As a result, the defendant leaves another person's residence.

The Gu did not comply with the Gu's order.

2. On June 16, 2015, the Defendant engaged in the performance of official duties at the same place, around 21:05, and at the same time, requested cooperation by the slope E belonging to the D District of the Incheon Western Northern Police Station, which was dispatched upon receipt of the 112 report, to leave the area at the request of B, and assaulted the Defendant, such as “Chewing strings and soon cut”, and preventing the said E from entering the residential area on three occasions by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. B written self-statements;

1. Report on the occurrence of the case;

1. Investigation reports, and the application of statutes governing the place of work in the D District;

1. Articles 319(2) and 136(1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Punishment for Crimes of Obstruction of Performance of Official Duties heavier than Punishment);

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

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of recommendation] where the mitigation area (one month to eight months) (special mitigation) is minor (the decision of sentence] of the mitigation area (one month to eight months).