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(영문) 대전지방법원 2016.06.29 2015고단2791 (1)
공무집행방해
Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

On July 7, 2015, the Defendant assaulted the Defendant’s wife at the Seo-gu Daejeon building and the Defendant’s home located at around 03:14 on the same day, and sent the Defendant’s home address at around 04:17 on the same day. The Defendant sent the Defendant’s home to a text message at around 03:17 on the same day. The police officer E and F sent the Defendant’s home to the Defendant’s home, but did not contact with the Defendant’s home, but did not have any contact with the Defendant’s home, and the Defendant’s home first class was divided for more than one hour during the period of approximately 1 hours. The police officer stated that the Defendant’s wife would cancel the Defendant’s report at the end of several instances calls at around 06:0 on the same day, but the police officer again called the Defendant’s home to ensure the safety of the new person’s home in accordance with the processing report.

At around 06:25 on the same day, the Defendant committed assault by the police officer, such as holding several fingers and pushing the body of the said E on a hand, as the police officer’s attempt to make a visit continuously at the above location, and taking a brush of a brush, and making a brush of the reporter’s face after a brushing the brush, thereby going back to the police officer’s demand to check the reporter’s face.

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

Summary of Evidence

1. Partial statement of witness E;

1. Statement made by the witness F in the second public trial record;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Application of investigation reports (verification of the process from mobilization to arrest of a police officer) Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Determination of a fine in consideration of the degree of interference with the execution of official duties in the sentencing of Article 334(1) of the Criminal Procedure Act, however, Article 51 of the Criminal Act, such as the background of the instant case, etc.

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