(영문) 부산지방법원 2020.11.25 2020고단3670

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(영문) 부산지방법원 2020.11.25 2020고단3670

공무집행방해

Text

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

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

Reasons

Punishment of the crime

At around 01:30 on August 12, 2020, the Defendant refused the instant C’s request to pay the drinking value after taking an order of alcohol and alcohol, etc., and filed a 112 report to the effect that “I have no drinking value.” On his own, the Defendant, a police officer of the East Police Station E Zone E zone of the same Police Station, dispatched upon receipt of the said report, was asked by the Assistant F, a police officer of the same police station E zone of the same police station, to inform the reporters of “I have to do so” without any justifiable reason.

The cirth theory is called the "Culparia", and when the F is about to cover the snow of the F with the right hand, and when the F was avoided, the F was assaulted by knifeing the Mack used by the F, making the Mack from the floor.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. C’s statement;

1. The application of the 112 Reporting Report List, the damaged Mak photographs, field photographs, and the Acts and subordinate statutes on receipts;

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 of this case that interferes with the legitimate execution of duties by police officers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not sufficient for the crime of this case.

However, considering the fact that the defendant seriously reflects the defendant, some circumstances may be taken into account in the course of the crime, the primary offender, etc., the punishment shall be determined as ordered by considering the age, character and conduct, environment, circumstances after the crime, etc. of the defendant.

참조조문

유사 판례

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