beta
(영문) 서울동부지방법원 2015.11.18 2015고단2631

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 27, 2015, the Defendant assaulted, around 22:40, on the ground that the slope E working in the Gwangjin Police Station D District in Gwangjin-gu Seoul Special Metropolitan City, had a witness to assault the Defendant F and used to restrain the Defendant’s assault, he took a bath to E, and used to remove the son’s bridge as soon as possible, set off the bridge on the right side of the breath, cut off the bridge, and booming the drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to a report on investigation;

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

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, tried to assault a female while the police officer’s speech, and thus arrest the police officer is inevitable. Nevertheless, the Defendant asserts to the effect that, rather, the police officer’s excessive suppression of the Defendant, such as taking on the walling of a fake cream, etc. However, there is room for considering the circumstances of the crime, such as the fact that the female (F) appears to have first been at the time of the Defendant, and that there is no criminal record identical to the Defendant, and that the Defendant’s age and environment, etc. were taken into account.