beta
(영문) 인천지방법원 2017.08.16 2017고단3818

공무집행방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 25, 2017, around 23:20 on April 25, 2017, the Defendant walked a telephone as before the entrance of the Incheon Bupyeong Police Station C Public Security Center located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, Bupyeong Police Station D, and thereby “drawing the door of the Public Security Center, and the police officer does not work.”

Based on “A police officer was required to send a police officer to the chief of the party.”

On April 25, 2017, around 23:30, the Defendant was asked by the Defendant prior to the entrance of the Public Security Center at the above C, and asked him questions about the reasons for requesting the dispatch of the police officer from the slope E belonging to the Incheon Bupyeong Police Station D District E, which was called “I will attach the door of the Public Security Center if I will keep the police officer in custody.” On the other hand, the Defendant was able to avoid any disturbance, such as walking the door of the relevant Public Security Center twice at the opening of the door of the public Security Center, and the Defendant was asked to return home from E, and the Defendant was asked to do so.

"At the same time, E's knives were met by her hand."

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of police officers' crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to E;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record of punishment for the defendant, except for those punished once by a fine for violation of the Act on the Establishment of Local Reserve Forces.

It is necessary to strictly punish police officers with respect to their actions that interfere with the performance of official duties.