(영문) 서울남부지방법원 2017.01.25 2016고단5341

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(영문) 서울남부지방법원 2017.01.25 2016고단5341

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 24, 2016, at around 00:30, the Defendant arrested a flagrant offender as a case of separate assault at the Seoul Gangseo-gu Seoul Police Station C District District, Gangseo-gu Seoul, Seoul, to show the evidence of separate assault, and changed the evidence of the separate assault case to a large sound. The Defendant sent a warning to the police officer D belonging to the said district group that he could be punished if he gets disturbed by a disturbance at the government office, and frightened him by half-day and sound, and boomed the police officers belonging to the said district group that prevented him from doing so, while taking a bath to the police officers belonging to the said district group that controlled him, he saw him to kh with the left side of the said D as a hon, and knished D’s snick, with his hand, and knished D’s buck.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the Nowon-gu Station are as follows: (a) even when the Defendant was arrested as an offender in the act of assault and was transferred to a police station district, a considerable amount of disturbance would be avoided; and (b) the nature of the crime of this case committed by the police officer, which was committed by violence, is not good; (c) although the crime of this case was committed by the police officer, the degree of assault is deemed to be an contingent crime committed by the alcohol station; (d) the Defendant did not have any degree of assault; (e) the Defendant was found to have no past record of criminal punishment; and (e) the Defendant shall be

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제136조 제1항

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