beta
(영문) 서울남부지방법원 2018.10.29 2018고단4264

공무집행방해

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 26, 2018, around 21:37, the Defendant did not pay the drinking value after drinking alcohol in Guro-gu Seoul Metropolitan Government B 4th floor C, and attempted to leave the scene without notifying personal information to the police officers E belonging to the Seoul Guro-gu Police Station D police box who called upon 112 reported, and attempted to take a bath to the police officers E belonging to the Seoul Metropolitan Government Police Station D police box and to leave the scene, and was arrested as the current criminal of fraud from the above E.

그러자, 피고 인은 위 일 시경 위 C 앞 노상에서, 순찰차에 타지 않으려고 저항하면서 넘어지게 되자 E에게 욕설을 하고 발로 E의 팔, 다리, 배 부위 등을 수회 걷어 찼다.

As such, the Defendant assaulted police officers E, thereby obstructing the legitimate execution of duties for the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine for punishment (the defendant is the first offender who has no record of crime and is against the crime of this case)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;