(영문) 의정부지방법원고양지원 2020.10.19 2020고단1308

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(영문) 의정부지방법원고양지원 2020.10.19 2020고단1308

공무집행방해등

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

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

Reasons

At around 22:10 on April 17, 2020, the Defendant: (a) assaulted the Defendant at one time to check the identity of the Defendant, who was requested by D (Nam, 31 years of age) belonging to the Busan East East Police Station C District of the Yongsan-gu Police Station, the Defendant called the Defendant, who was called the Defendant to check the identity of the Defendant, and the said D at his hand, who was called the Defendant at one time at the left knife of the said D.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Taking into account the following circumstances: pertinent legal provisions on criminal facts, Article 136(1) of the Criminal Act regarding the option of punishment, the fact that the Defendant who is the subject of a fine does not repent of his mistake, the degree of violence exercised by a police officer is not heavier than that of the police officer, and the fact that there is no criminal power after 2003.

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

1. On April 17, 2020, the Defendant: (a) committed assault on the part of the victim E (Namnam and 34 years old); and (b) on the part of the victim, the victim was under the influence of alcohol, the Defendant was on the part of the victim’s left knife of the victim’s left knife with his hand that the victim said that he would get off from the vehicle.

2. The above facts charged cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act as an offense falling under Article 260(1) of the Criminal Act.

According to the records, it is recognized that the victim of the facts charged expressed his wish not to punish the defendant after the indictment of this case.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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