beta
(영문) 서울중앙지방법원 2019.07.24 2019고단3153

공무집행방해

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

On April 10, 2019, at around 06:45, the Defendant was arrested as a flagrant offender by the police officers belonging to the Seoul Seocho Police Station E boxes, who was dispatched to the scene and was arrested as a flagrant offender and moved to E boxes, by exercising violence, such as cutting off D’s staff D and Si expenses, when the Defendant was under the check of access boom in order to rein the said club in front of the “C” located in Seocho-gu Seoul Metropolitan Government.

On April 10, 2019, the Defendant: (a) committed assault against the victim, such as assaulting the victim, who was on the back of the patrol line, to take custody of the criminal room at the Seocho Police Station in Seocho-gu Seoul, Seoul, and was escorted to the police station; and (b) obstructed the legitimate performance of police officers’ duties in relation to the prevention, suppression, and investigation of the crime, by assaulting the victim, such as “I will see why I will see the police station. I do not make any error.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Written statements of D;

1. Voluntary reports, the application of CD-1 statute;

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include the nature of the crime in this case, the degree of the type of the defendant's exercise, the defendant's recognition of the crime in this case, the fact that the defendant has no record of criminal punishment during that period, the defendant has no record of criminal punishment, and the defendant's age, character and conduct, surrounding environment, motive, means and consequence of the crime in this case, and all the conditions