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(영문) 창원지방법원 통영지원 2015.04.09 2015고단137

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

At around 20:25 on February 16, 2015, the Defendant: (a) received 112 report that the proprietor was taking the inside of the said house, and sent to the site, and (b) stated, “I am out of the Defendant and am out of the site, I am out of the Defendant,” and said F “I am out of Korea, I am out of Korea, I am out of Korea, I am out of Korea, I am out of Korea, I am out of Korea, I am out of Korea, I am out of Korea, I am out of Korea, I am out of Korea, I am out of Korea, and am out of F’s body with two hand.”

Since then, the Defendant, who was arrested as a flagrant offender and was on board the back seat of the patrol vehicle for the foregoing reasons, expressed the desire to “Yegie franchis” to the police officer belonging to the E-district of the Saga Police Station, who was sitting on the back seat of the patrol vehicle, and used the right end part of the said G on one occasion.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property, prevention, suppression, and investigation of crimes, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G and F

1. Article 136 of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated for the crime of obstruction of performance of official duties against F with heavier punishment);

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant committed the instant crime during the period of suspension of execution. However, even though the defendant was punished by a strict punishment in light of the fact that the defendant committed the instant crime during the period of suspension of execution, his/her mistake is pened and reflected in depth through his/her prison life, and the damaged police officers are being punished by a fine only once in consideration of the fact that he/she committed the defendant's wife, and the degree of damage is not severe, and the punishment is determined as per the order.