beta
(영문) 의정부지방법원 2018.04.19 2017고단4328

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 600,000 ($600,000).

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

Reasons

Punishment of the crime

On September 11, 2017, around 02:46, the Defendant reported 112 on the following content: (a) the Defendant did not have suffered damage by the knife in the front of “D” located in Ma, thereby having reported 112: (b) “A knife, as soon as possible.”

Accordingly, the Defendant reported the criminal facts that did not exist to the public official by falsity.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 Application of Acts and subordinate statutes notifying departments related to reporting;

1. Relevant provisions of the Act on the Punishment of Minor Offenses and Article 3 (3) 2 of the Punishment of Minor Offenses Act (Optional to the punishment);

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. 이 사건 공소사실 중 공무집행 방해의 점의 요지 피고인은 2017. 9. 11. 02:55 경 의정부시 C에 있는 ‘D’ 앞에서 판시 범죄사실 기재의 신고를 받고 출동한 의정부 경찰서 E 지구대 소속 경찰관 F이 피해내용을 확인하려 하자, “ 가라고, 씨 발 놈들 아. 좆도 아닌 것 들이 와서 주접을 싸고 있어. 떡볶이 먹는데 왜 방해하냐고, 뭐하는 거야 씨!” 이라고 욕설하면서 F의 몸을 배로 밀치고, 얼굴을 F에게 들이밀고, 손가락으로 찌를 듯한 행동을 하여 112 신고 사건 처리에 관한 경찰관의 정당한 직무집행을 방해하였다.

2. The violence or intimidation against a person who interferes with the execution of public services in the market shall be against a public official who performs his/her duties by nature, and shall be likely to interfere with the execution of duties

According to the evidence, it is recognized that the police officer F who was dispatched by the defendant upon receipt of 112 report, puts the victim at the address as stated in the above facts charged, and expressed the complaint and made an emotional bath.

However, the details and degree of the defendant's statements about FF and the details of the statement, the contents and degree of force of the defendant's use at the time, the number of police officers at the site, and the location and situation of F.