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(영문) 부산지방법원 서부지원 2019.07.12 2019고단530
공무집행방해
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 23, 2019, at around 01:25, the Defendant: (a) received a 112 report from the owner of the business in Seo-gu, Busan, that “I will not pay the drinking value at an Mano-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Accordingly, the defendant interfered with the police officer's 112 report processing work and the legitimate execution of duties on the issuance of a warning slip.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to 112 Report List), investigation reports (or victim's statement about the state of drinking), investigation reports (to hearing damage statements);

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. The crime that interferes with the execution of official duties by a police officer on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment even in order to establish the legal order of the State and eradicate the light of the public authority.

However, there is no criminal conviction or suspended execution of the crime of obstruction of performance of official duties against the defendant, the most recent criminal conviction of the defendant has been ten years or more, and E does not want the punishment of the defendant, considering the circumstances favorable to the defendant.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.

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