beta
(영문) 서울남부지방법원 2019.01.24 2018고단5590

공무집행방해

Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On September 16, 2018, around 10:30 on September 16, 2018, the Defendant assaulted D et al. under the influence of alcohol by drinking alcohol as the Defendant around C convenience stores located in Gangseo-gu Seoul Metropolitan Government on behalf of the Defendant, and assaulted D et al. on the part of the Defendant, upon receiving the 112 report that “F officers belonging to the Seoul Gangseo-gu Police Station E zone called for “a woman is traveling along with a fright,” who called for “F officers assigned to the E zone of Gangseo-gu Seoul Metropolitan Police Station to separate the Defendant D et al.

At around 11:00 on the same day, the Defendant was arrested as a flagrant offender and accompanied to the E Zone, and the police officer affiliated with the said Zone was seated on the Defendant, and the Defendant assaulted the police officer H’s left side bucks once.

Accordingly, the defendant interfered with the legitimate execution of duties by 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 H;

1. Application of the respective Acts and subordinate statutes of D and I

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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. The sentencing conditions indicated in the records, such as Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act, shall be determined as ordered by taking into account the following circumstances, and the sentence as ordered by the court.

Unfavorable circumstances: Crimes of obstruction of the performance of official duties are crimes that undermine the function of the state's legal order and require strict punishment.

The favorable circumstances: The defendant's wrong recognition and the attitude of reflectability is the first offender who has no criminal history.