beta
(영문) 수원지방법원 2019.08.27 2019고단3085

공무집행방해

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 June 13, 2019, at around 04:05, the Defendant: (a) received a 112 report that “A person under the influence of alcohol in front of the building B at Osan City; (b) was able to take a bath, such as she was urged to return home from D, who was sent to the site by Osan Police Station C District Unit, and was urged by the Defendant to take the right hand of D with her arms when asking personal information.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

2. At around 04:10 on June 13, 2019, the Defendant: (a) arrested and taken custody of a flagrant offender under suspicion of obstruction of performance of official duties, such as the description 1. Paragraph (1), and assaulted the Defendant of the said D’s her her tur, with his her tur, moving into the atmosphere one time to walk.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning facts constituting a crime, the choice of fines (self-refluence, reflectivity, and initial crimes);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;