(영문) 창원지방법원 2019.10.18 2019고단1445

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(영문) 창원지방법원 2019.10.18 2019고단1445

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 3, 2019, at around 03:45, the Defendant walked from the b box located at the window of Changwon-si, and brought a disturbance to C while working for the guard of the Changwon Police Station B of the Changwon Police Station B, who was working for the said room, by stating that “I am slicks only mixed, am slick only, and am slick. I am the above C and the disturbance as “I am slicks 7 parts,” and I am slick, I am slick with C’s chest, and am slick at one time, while I am am slick, and continuously am slick by assaulting the Defendant as an offense of obstruction of the performance of official duties.”

Accordingly, the Defendant interfered with the police box service and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Investigation report (related to the analysis of CCTV images within a police box and to the closure photograph);

1. Application of attached photograph 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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

An unfavorable circumstance: A favorable circumstance, such as the fact that the defendant committed a crime against the police officer assigned within the police box during the night hours: The defendant misleads the defendant and reflects his wrong; there is no record of punishment for the same kind of crime; the defendant is deemed to have had a good health at 67 years of age, and such a situation is deemed to have influenced the crime of this case.

참조조문

유사 판례

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