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Reasons
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(영문) 대전지방법원 2015.01.07 2014고정1889
공무집행방해등
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1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

1. The Defendant was on board a C-si operated by the victim B (50 years of age) and moved to the front of the Daejeon E-Songdong located in the vicinity of the residence.

On August 22, 2014, at around 00:56, the Defendant, under the influence of alcohol, abused the victim’s face at one time, and frighted the victim’s arms to escape, and assaulted the victim by cutting off the victim’s neck in the arms in front of the Daejeon Seo-gu E, Daejeon, on the ground that the victim had changed his taxi expenses to the Defendant.

2. When the defendant assaulted a taxi engineer, a taxi engineer in the vicinity of the witness reported to 112, dispatched the police officer to the site to identify his/her personal information, etc., and the defendant was required to return home on the ground of under the influence of alcohol.

The Defendant, in the same time, at the same place as mentioned in the above paragraph (1), and without any special reason, breathly breathed on the F District G of the Daejeon District Police Station on several occasions, and boomed the test expenses, and, if G continuing to operate a patrol vehicle, breath of the patrol vehicle on two occasions to prevent the operation of the vehicle by holding the front and rear seat of the patrol vehicle on two occasions, and breath of the patrol vehicle on the front of the patrol vehicle in operation.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 patrols over about 25 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and B;

1. Report on the occurrence of the case;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the investigation report (the use of a telephone for the counter party of a stude);

1. Relevant provisions of the Criminal Act and Articles 136 (1) and 260 (1) of the Criminal Act concerning the choice of criminal facts;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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