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Reasons
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(영문) 부산지방법원 2020.01.30 2019고단5863
공무집행방해
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 19, 2019, between 02:50 on the same day and 03:20 on the same day, the Defendant: (a) reported 112 on the street in front of the interest car of “C” located in Suwon-gu, Busan; and (b) discovered the Defendant, a police officer belonging to the Busan Southern Police Station D District Unit of the Busan Southern Police Station, who was called the Defendant at the site, who flown on the street while escaping from the line; and (c) expressed the Defendant “frighting from the line of danger” to “frighting from the line of danger”; (d) took the bath of the Defendant, “frighting from the wall of the said E, walking with the shoulder of the E, pusheding with the shoulder of the E, threateninging the E with his hand, threatening the kh with the head, and assaulting the e face of the E.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases by E, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of CD-related Acts and subordinate statutes

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant is seriously against his or her will to close his or her mistake and search for patrolmen, etc., the first offender, the degree of obstruction of performance of official duties, the fact that many workplace police officials appeal the defendant's wife, and other various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as the same as the order.

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