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(영문) 청주지방법원 충주지원 2014.02.07 2013고단792
공무집행방해등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 12, 2013, around 00:24, the Defendant insultd the victim by openly insulting the victim by putting the victim’s slope D, a police officer, who was called the victim slope D, after having received a report on 112-dong 402-dong 5-6Ra on October 12, 2013, even though three security guards, such as the location E of the security guards, in a drunken state, in spite of three persons, such as “blag, flag, sark, sark.”

2. On the same day as Paragraph 1, the Defendant was arrested in the act of committing an act of interference with performance of official duties on the grounds as Paragraph 1 and obstructed the police officer’s legitimate performance of duties in relation to the investigation duties by considering that G slope, who is a police officer, attempted to restrain the Defendant by drinking to the police officer at around 01:00 on the same day as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning criminal facts, Article 311 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the choice of punishment (the point of obstruction of performance of official duties) of the Criminal Act; the choice of fines (the defendant, even though he had a similar criminal record, again committed the crime in this case; the crime in this case against a police officer is likely to be under the influence of the public authority, and the quality of the crime in this case is not easy. However, the crime in this case against a police officer in the crime of obstruction of performance of official duties is committed by the defendant who committed a serious death by a police officer, and the police officer is in the preference against the defendant; the defendant has no criminal record other than a fine once; the defendant has no criminal record other than a relatively green age; the punishment of a fine seems to be subject to various restrictions if he is sentenced to imprisonment with prison labor

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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