공무집행방해
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Criminal facts
피고인은 2017. 4. 25. 04:40 경 창원시 성산구 B에 있는 창원 중부 경찰서 C 파출소 주차장에서, 위 파출소 소속 경찰 관인 순경 D이 택시기사 E으로부터 ‘ 피고인이 택시에 승차한 후 목적지를 말하지 않으니 도와 달라.’ 라는 요청을 받고 피고인에게 목적지를 물어본다는 이유로, 주먹으로 위 D의 얼굴을 수회 때리고, 발로 D의 배와 가슴 부위를 수회 걷어찼다.
Accordingly, the defendant interfered with legitimate execution of duties concerning civil petition handling affairs by police officers.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to E and D;
1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;
1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the defendant, include: (a) the Defendant’s mistake in depth and reflects his fault; and (b) the Defendant does not have the same criminal record and has no criminal record exceeding the fine, are the circumstances favorable to the defendant.
On the other hand, the obstruction of the performance of official duties not only undermines the function of the state's legal order by nullifying the legitimate exercise of public authority, but also is related to the excessive restriction of the safety of the general public.
In addition, in full view of the methods and results of the instant crime, various conditions of sentencing, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence, environment, and health status, were determined as the same type of punishment as the order.