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(영문) 대구지방법원 김천지원 2016.09.22 2016고단599
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 7, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) at the E box located in Kimcheon-si, Kimcheon-si, the police officer reported by the taxi engineer to the effect that the Defendant, a customer, was unable to inform the Defendant of his accurate residence under the influence of alcohol, and demanded him to return home to the Defendant, who received a report from the Defendant. The Defendant was unable to evade a disturbance of approximately one hour for approximately one-hour, such as “I ambling, inside, going off, going off, going off, and booms, hacks, and sound.”

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

2. The Defendant, at around 01:50 on the same day, was dissatisfied with the fact that he was arrested in the act of committing a crime under the Punishment of Minor Offenses Act by the police officer F, who was a police officer F, belonging to the Kimcheon Police Station, at the police box around 01:50 on the same day. The Defendant, who was in charge of performing official duties, was arrested in the act of committing a crime in violation of the Punishment of Minor Offenses Act.

In taking the desire to “Death,” the heart electric ioner at the same time difference several times, and the police officer G belonging to the same police station who restrains this, was at one time at the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in the act of crime and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Photographs;

1. Application of Acts and subordinate statutes to report internal investigation (the act of disturbance, etc. by the time of the suspected person);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation in official books, and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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