(영문) 부산지방법원 서부지원 2018.11.21 2018고단1652

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 서부지원 2018.11.21 2018고단1652

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

The Defendant, at around 18:00 on August 16, 2018, was under protection for returning to the Republic of Korea after being transferred to the site according to E in the circumstances belonging to the D District of the Busan Northern Police Station D, which was called to the site after receiving a report from 112, the Defendant was serving in the D District for returning to Korea on August 16, 2018.

The face of G was assaulted, such as drinking, etc.

Accordingly, the defendant interfered with the maintenance of police officers' order and legitimate execution of duties concerning global situation service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on photographs and CCTV video works;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is committed by assaulting a police officer who performs official duties by putting in uniform, and is disadvantageous circumstances such as the nature of the crime is not good, and the defendant recognizes the crime of this case and repents the depth of the mistake, the defendant seems to have committed the crime of this case under the influence of alcohol, the fact that the defendant is likely to have committed the crime of this case, the agreement with the police officer who has been assaulted, the social relation seems to be obvious, and the social relation seems to be obvious, together with the favorable circumstances such as the fact that there is no record of criminal punishment other than the second-class fine for the crime of this case on or around 200, and the records of this case and all of the conditions of the punishment specified in the course of the alteration

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제136조 제1항

유사 판례

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-대구지방법원 2014.05.01 2014고단1067