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(영문) 대전지방법원 2019.04.26 2019고단678
공무집행방해
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

On December 12, 2018, around 03:03, the Defendant: (a) in front of the entrance of the Daejeon Middle-gu B apartment C, a residence, and (b) in front of the entrance of the Daejeon Middle-gu B apartment C, and (c) in front of the entrance of the house, the security guard E, a police officer belonging to the Daejeon Middle-gu Police Station D Zone D District, called the entrance of the said residence, continued to open the entrance, and prevented the Defendant, who was under disturbance of the said police officer, by assaulting the 112 police officer’s flab and flading him, thereby obstructing the Defendant’s legitimate execution of duties concerning the handling of the reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of E and F;

1. A criminal investigation report;

1. Application of Acts and subordinate statutes to photographs on crimes;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Determination of sentence: Fine 2,00,000 won (to select a fine in consideration of the following circumstances, and thus not complying with the sentencing criteria). In light of the content of the instant crime, the accused’s liability is not minor.

However, the defendant's mistake is divided in depth, the degree of tangible force exercised at that time is not much serious, and the damaged police officer did not have any injury.

There is no particular criminal record except for minor criminal records of a fine.

Therefore, the defendant is sentenced to a fine.

In addition, the sentencing conditions specified in the argument of the instant case, such as the Defendant’s age, character, conduct and environment, etc., are equally examined, and the sentence is determined as ordered.

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