beta
(영문) 수원지방법원 평택지원 2018.12.07 2018고단1273

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 8, 2018, the Defendant: (a) expressed, at the Sung-si Public Security Center located in Pyeongtaek-si 55, that “I have come home with the instant persons; (b)” was under the influence of alcohol, and assaulted by both hands the part of the said C, while under the influence of alcohol, while “I have come home with the instant persons concerned, because I have come home.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of civil petitions by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. A report on investigation;

1. A criminal investigation report (report on confirmation of images taken on the spot);

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The above case is a use of violence against a police officer performing his duties, and its nature is not weak; circumstances favorable to the defendant, such as confession, reflectivity, the fact that a police officer wishes to punish the defendant: there is no record of criminal punishment after entering the Republic of Korea; and the defendant's age, family relation, and circumstances leading to the crime, etc. are not cases of injury inflicted upon a victimized police officer: It is so decided as per Disposition on the grounds of a fine exceeding 3,00,000 won.