beta
(영문) 대전지방법원 2019.03.28 2018고단4502

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. Around 05:50 on December 8, 2018, the Defendant made a public insult on the roads front of the Daejeon East Police Station C District in Daejeon Dong-gu, Daejeon, Daejeon, and the Defendant received a report from D, who is a taxi engineer and was demanded by the victim E belonging to the C District, to return home expenses within the taxi and return home to the victim, who was dispatched after receiving a report from D, who is a taxi engineer, and was demanded by the Defendant to take a bath to pay the taxi expenses. In compliance with D, the Defendant told the victim “the kbbb kb kb kb kb kb kb kb kb kb kb kb k

2. The Defendant: (a) committed an assault to interfere with the performance of official duties on the date, time, place, etc. specified in paragraph (1) of this Article; (b) expressed a desire to return home to the police officer E belonging to the Daejeon East Police Station C District; and (c) carried out an assault against E’s shoulder and chest part on a hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the visit report management by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement by the police against E (Evidence No. 8);

1. Written complaints prepared by E, written statements prepared by D (Evidence Nos. 11) and the application of statutes;

1. Relevant laws concerning criminal facts, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 are not applicable as the sentencing criteria have been selected as fine is not yet applied.

2. The Defendant rendered a sentence of sentence insulting and assaulted a police officer who performs official duties.

As such, crimes that obstruct police officers' duties and obstruct public authority and require corresponding punishment.

However, the degree of assault against police officers is relatively heavy.

The defendant recognizes his wrong and reflects his wrong.

The defendant has no criminal record of the same kind;