beta
(영문) 수원지방법원 안양지원 2016.06.14 2015고단1822

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 October 10, 2015, the Defendant assaulted the head of “C” of the victim D (son, 40 years of age) who is another customer without any justifiable reason, by drinking “C” in a food and drink that is located in the Gu B during the Ansan-si period on October 10, 2015.

2. 공무집행 방해 피고인은 같은 일시, 장소에서 술 취한 여자가 소란을 피운다는 112 신고를 받고 출동한 안양동안 경찰서 소속 경장 E 와 순경 F이 피고인에게 다가가 신고사실에 대해 확인하려고 하자 위 경찰관들에게 " 개새끼야, 좆같은 새끼야" 라는 등 욕설을 하면서 손바닥으로 위 F의 얼굴을 1회 때리고, 주먹으로 그 옆에 있던 위 E의 얼굴을 1회 때린 다음 다시 발로 위 F의 정강이와 허벅지를 수회 걷어찼다.

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

3. On October 10, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) the Defendant, while under the influence of alcohol within a police station G police box, who was arrested on the charge of assaulting and obstructing the performance of official duties on October 21, 2015; (b) and (c) the Defendant, while under the influence of alcohol, forced or fluorously fluorously fluencing the unspecified police officers inside the said police box for a limited period of time, such as: (a) the fluoring of governance; (b) the fluoring of weather; and (c) the fluoring of weathers, fluorously flusing the disturbance, and flu

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of each statute to D, F, and E;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties in each case), Article 260 (1) of the Criminal Act (the point of violence), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the official document) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of a fine for a crime of obstructing the selective performance of official duties or assault;

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