(영문) 창원지방법원 2015.11.04 2015고단2132

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(영문) 창원지방법원 2015.11.04 2015고단2132

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 5, 2015, at around 06:45, the Defendant: (a) reported that the Defendant was under the influence of alcohol on the way front of the Jinhae-si, Jindo-si, Jindo-ro 359, Jindo-ro 107-dong security room; (b) the police officer, who was a police officer of the Jindo Police Station B police box called out after receiving a 112 report that the Defendant was under the influence of alcohol; and (c) the police officer, who was a police officer of the Jindo Police Station B police box called out, solicited him/her to invalid; (d) he/she saw him/herself on one occasion at hand, and

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer 112 report.

2. The Defendant, at around 07:00 on July 5, 2015, at the Jinhae Police Station B police box located in Jinhae-si, Jinhae-si, Jinhae-si, as described in paragraph 1, asked the contact number of his parents to the Defendant who is suffering from a disturbance under the influence of alcohol and hand over to his family. The Defendant, as his hand, she was pushed back with C’s chests.

As a result, the Defendant interfered with the police officer's 112 report processing and the protection of the host.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of D and C;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the crime committed again during the course of committing a crime of obstructing performance of official duties even though the Defendant committed a crime of obstructing performance of official duties and accompanied by a nearby police box.

However, in consideration of the fact that the defendant is against the wrong, that all the damaged police officers have agreed to do so, that the defendant is a university student with the age of age, and that the defendant committed the crime of this case contingently under the influence of alcohol, etc., the punishment as ordered shall be determined.

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