(영문) 의정부지방법원 고양지원 2015.03.26 2014고단2987

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(영문) 의정부지방법원 고양지원 2015.03.26 2014고단2987

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

At around 22:55 on November 30, 2014, the Defendant was able to sleep under the influence of alcohol on the frontway of the K Training Center in Seoyang-gu, Goyangyang-gu, Goyangyang-gu. The Defendant, upon receiving 112 report that the host was coming on the street, and thereby, was able to take measures for returning home from the slope E affiliated with the D District Unit of the Gyeonggi High Police Station D District of the Gyeonggi High Police Station, which was called out by the host, and threatened with the desire, such as “brug, brus, Ne, Neass are the police, brus of chines, flusss are hicked to prevent flus,” and thereby, threatened the snow of the above E by making it a V who has used the flus and the fladial hand, flusing the snow of the said E.

Accordingly, the defendant interfered with legitimate execution of duties on site mobilization and protective measures of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

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. According to Article 334(1) of the Criminal Procedure Act, a person who was diving by stating the grounds for sentencing of Article 334(1) of the Provisional Payment Order may not, rather, interfere with legitimate performance of official duties by means of intimidation, etc. against police officers who want to escape the defendant.

However, it seems that the means of obstructing the performance of official duties, the degree of obstructing the performance of official duties, etc. are not much serious, contingently causing the crime of this case, the defendant is divided into and contradictory to his mistake, the defendant has no record of criminal punishment so far, including investigation, except for punishment once around 197, and there has been no record of criminal punishment so far, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., shall be punished by a fine, taking into account the defendant's age, character and behavior, environment, motive, means and consequence, etc., and the punishment shall be

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