beta
(영문) 창원지방법원 통영지원 2018.09.06 2018고단681

공무집행방해

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 29, 2018, around 05:25, the Defendant reported 112 on the road in front of Tong Young-si B and C Burial, and reported 112, the Defendant received a demand for voluntary accompanying to the zone as a result of the investigation of reported matters from the slope E (47 tax) and F (32 tax) belonging to the Dong-gu Police Station D police station, which called the Defendant, and received a request for voluntary accompanying to the zone as D, and the above police got sentenced to a fine and a trial by considering the person to whom he had raised his internal objection, and she went to go to the country, and she went to go to the country, she was subject to a fine and a trial by considering the person to whom he had raised his internal objection, and she went to go to the country, she did so without any conditions, and she went to the country six minutes after the report.

Along with the desire of chrop, chrop, chrop, chrop, etc., the part of E’s shoulder was shroped by hand, and the part of E’s part was tightly pushed up twice by hand.

계속해서 피고인은 F이 피고인을 제지하자 “ 그냥 됐다, 씨 발 병신새끼들, 좃 까라, 씨 발 놈 아, 내가 사람을 죽였으면 100명을 죽였다, 개새끼들 두개 골 깨 삘라, 느그 다 죽었다” 라는 등의 욕설을 하면서 F에게 주먹을 쥐고 때릴 듯이 치켜들고, 얼굴을 F의 얼굴 앞으로 들이대면서 배와 양손으로 F의 배 부위를 수회 밀쳤다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. 112 Reporting case handling table;

1. Egrhion campaigns to close a course;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the selection of fines for each crime provided for in the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the defendant committed the instant crime during the period of probation, and thus, the liability for such crime is not minor. However, two police officers in charge of the injured person, both of whom do not focus on the degree of assault against police officers, are not subject to punishment, and both of them are subject to punishment.