beta
(영문) 수원지방법원 평택지원 2017.02.09 2017고단4

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On December 23, 2016, the Defendant: (a) found “D” main points in Pyeongtaek-si C, which was under the influence of alcohol on December 23, 2016; (b) and (c) was seated in E (20) and his/her trokes.

Defendant refused to receive a demand from the above persons to another place, and the police officers who received 112 report were called to the site, and expressed 112 report, and she called her "Chewing ... . . . . . . . . . . . . . .. . . .. .. . ...)", and she took the face of the said E one time with her hand.

Although the Defendant continued to see the disturbance from the Victim F, the owner of the above main shop, and received a request from the main shop to see the disturbance, the Defendant refused it, and saw it to see it, and saw it as a large sound to the table of other customers for about 30 minutes.

Accordingly, the Defendant interfered with the main operation of the Victim F by force.

2. The Defendant who interfered with the performance of official duties was arrested as a current offender with interference with his/her duties for the reasons described in paragraph 1, and was transferred to the Pyeongtaek-si Police Station around December 23, 2016, and then was compelled to move from the slope H affiliated with the above police station to the physical examination room, “I dwarf,” and “I am dyf,”

이 깜 방을.” 이라고 말하며 주먹으로 H의 어깨 부위를 1회 때리고, 이를 제지하는 위 H의 얼굴에 침을 뱉고, 바닥에 누워 발로 H의 다리를 수회 걷어찼다.

As a result, the defendant assaulted a police officer who was performing legitimate duties in relation to criminal investigation and management of a detention room, thereby obstructing the execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with H;

1. A written statement;

1. Application of the Act and subordinate statutes to the investigation report (in the case of CCTV images at the main place);

1. Article 314 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.