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(영문) 창원지방법원 통영지원 2019.09.04 2019고단737
공무집행방해
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Around 04:45 on June 29, 2019, the Defendant expressed a bath at C cafeteria located in C cafeteria B, which was drunk, that the Defendant: (a) was able to take the influence of alcohol; and (b) was able to say that C cafeteria E belonging to D District D District District of the C District Police Station, sent out after having been reported 112, should be able to come home, and he would be aware of the b. C e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement to E by the police;

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

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences by law: Fines of 50,000 to 10 million won; and

2. Non-application of the sentencing criteria;

3. Determination of sentence: In order to establish the legal order of a fine of two million won country and eradicate the light view of the public authority, it is necessary to strictly punish a crime that interferes with police officers’ performance of their official duties.

However, since the degree of obstruction of performance of official duties is not severe, and the defendant is the first offender who has no criminal record and is favorable to the defendant, it shall be taken into account, taking into account other circumstances revealed in the trial process of this case, such as the circumstances of this case, the age, character and conduct, environment, family relationship, etc. of the defendant.

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