beta
(영문) 대전지방법원 2016.10.05 2016고단2220

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On June 10, 2016, around 01:20 on the grounds that the Defendant did not pay the taxi fee to the Seo-gu Daejeon Police Station D police box located in Seo-gu, Seo-gu, Daejeon, and paid the taxi fee to the taxi engineer by the slope E belonging to the said police box, and did not leave the gate at the entrance of the police box where the above Party was equipped with the ice E, and the Defendant did not leave the ice to the entrance of the police box where the Defendant was equipped with the ice. Accordingly, the Defendant assaulted the Defendant by assaulting the Defendant on the ground that the above ice was about to be placed on the shock in the shock box inside the police box, and interfered with the lawful execution of duties concerning the treatment of civil petitions by the police officer.

Summary of Evidence

1. A protocol concerning the examination of partial police officers of the accused;

1. A E-document;

1. Application of CCTV-recording CD-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted that the defendant was in a state of mental disorder at the time of the instant case, and according to the evidence adopted and examined by the court, the above assertion is not accepted, since it is difficult to view that the defendant was under the influence of alcohol at the time of the instant case. The above argument is not accepted. The degree of violence on the grounds of sentencing is not much serious, so it seems that the alcohol would lead to the instant case by contingency, and the defendant and his defense counsel did not have any criminal history other than the fine of 70,000 won due to the violation of the Road Traffic Act in 198.