공무집행방해
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On October 27, 2016, the Defendant: (a) around 00:25, at the police station D police station in Masan-gu, Masan-si, Masan-si, Masan-si; (b) before that police station, the Defendant went to a drinking level at the main station; and accordingly, (c) carried the said police box to the said police box; (d) was under the influence of alcohol and was under the influence of alcohol; and (e) was under the influence of alcohol, while taking a bath, the Defendant pushed the chest part of E by hand, while carrying out a bath.
Accordingly, the defendant interfered with legitimate execution of duties concerning E's crime prevention and suppression that wear police uniforms.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and F;
1. Application of CD’s film-related statutes;
1. Article 136 of the Criminal Act applicable to the crime and Article 136 (1) of the Criminal Act of the choice of punishment (the choice of a fine by taking into account the following factors: (a) the degree of violence is not serious; (b) the police officer suffering from the defendant's wife by mutual consent with the victimized police officer; and (c) the police officer has
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The argument that the Defendant was fluoring the chest of the victimized police officer once, but this was an insulting speech and interview within a police box that was not a house and carried out by the said police officer, and it is difficult to deem that such act constituted an assault and assault that interfered with the performance of official duties.
Since the defendant was arrested as a flagrant offender of the crime of obstructing the performance of official duties and did not notify the defendant of the principle, etc., it is procedurally unlawful.
2. The crime of obstructing the performance of official duties is established by assault or intimidation against a public official performing his duties, and the assault means exercising a tangible force on a person’s body.
The defendant's act of threatening the chest of a victimized police officer by hand constitutes violence committed in obstructing the execution of official duties by exercising force against a person's body.
In addition, the defendant is a flagrant offender.