beta
(영문) 춘천지방법원 원주지원 2019.06.20 2019고단338

공무집행방해

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On 23:05 on 21, 2019.23:05, the Defendant: (a) received a report from 112 on the street in front of the Gangwon-gun B, and received a demand for returning home from a police officer, and (b) took a bath, such as the circumstances belonging to the D Zone of the Crossing Police Station, E, and a police officer, who was called to the scene, and (c) received a demand for returning home from a police officer, and (d) took a bath to the said police officer, such as “the death of the driver, the thring, the thring,” and obstructed police officers’ legitimate performance of duties concerning the handling of the 112 Report by assaulting the police officer E to the Inspector, who was in charge of handling the 112 Report.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. 112 Reporting case management table;

1. Application of statutes governing video files storage CDs at the scene of obstruction of performance of official duties;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of an alternative fine for punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A police officer who assaults a police officer performing official duties to interfere with legitimate execution of his/her duties, and his/her liability is not minor in light of the circumstances, contents, etc. of the crime;

The favorable circumstances: the defendant seems to have committed the crime of this case in a state of drinking.

The defendant has no record of the same crime.

Defendant reflects the instant crime.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as