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(영문) 광주지방법원 순천지원 2018.12.14 2018고단1898

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

피고인은 2018. 9. 3. 23:55 경 순천시 C에 있는 D 카페 앞에서 주 취 행패 소란 112 신고를 받고 출동한 순천 경찰서 E 파출소 소속 경찰관 F으로부터 욕하지 말라는 요구를 받았다는 이유로 욕설을 하고 발로 위 F의 명치 부위 및 정강이를 각 1회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the 112 reporting processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The punishment as ordered is determined in light of all the unfavorable circumstances, such as the fact that the degree of assault against police officers on the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not somewhat weak, that there is two times before and after the defendant was sentenced to a fine, that the police officer F does not want punishment against the defendant, favorable circumstances, such as the defendant's reflection of his mistake, such as the age, family environment, motive and circumstance of the crime, the degree of interference with the police officer's performance of duties, and circumstances after the crime, etc.

Rejection of Public Prosecution

1. Of the facts charged in the instant case, the Defendant: (a) expressed the victim G, an employee, the victim G, “I am out of a closed time; and (b) the liquor tax item is due to the end of a closed time; (c) on September 3, 2018, the Defendant’s insult, among the facts charged in the instant case, should do so in the hearing of other employees. At present, I am well discarded.

“The term “ was so large as to be”.

Accordingly, the defendant openly insultingd the victim.

2. Determination

(a) Applicable legal provisions: Article 311 of the Criminal Act;

(b) An offense subject to prosecution upon complaint: Article 312 (1) of the Criminal Act.

C. The written agreement was submitted on October 1, 2018, which was after the instant indictment was instituted.

Judgment dismissing Public Prosecution: Article 327 subparag. 5 of the Criminal Procedure Act