beta
(영문) 의정부지방법원 고양지원 2017.06.16 2017고단1095

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. On April 06, 2017, the Defendant: (a) around 20:35, the Defendant: (b) received a 181-ro 181 report from Seoyang-gu, Seoyang-gu, Seoyang-gu, 181, 7, Seoyang-gu, Seoyang-gu, 241; and (c) the police officer C belonging to the Goyang Police Station B B of the Goyang Police Station, sent to the reporter, was able to listen to the details of the report; and (d) he was able to have C’s face fluencing with his body fluencing with his body fluence; and (e) was flucing the body fluencing from the police officer E of the same affiliated agency.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

2. Around 21:20 on April 06, 2017, the Defendant publicly insultingd the victim E, who is a police official, while being arrested and investigated as a flagrant offender under suspicion of interference with the performance of official duties, such as the statement in paragraph (1), at the B district district located in Gyeyang-gu F, Gyeyang-gu, Seoyangyang-gu, the Defendant expressed “a bitch bitch bitch bitch bitch bitch, this bitch bitch bitch bitch, and this son.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant’s primary crime and the wrongness; (b) the Defendant’s contingent crime while taking advantage of such circumstances; (c) the degree of damage; and (d) the Defendant’s age, sex, environment, motive for committing the crime; and (d) the various conditions for sentencing specified in the pleadings of the instant case, including the circumstances after committing the crime.