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(영문) 서울북부지방법원 2017.05.10 2017고단692
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

On January 5, 2017, the Defendant: (a) attempted to see that the Defendant, as the head of the Gyeonggi-gu Gyeonggi-si, was at the front of the elementary school of the 40 head of the Gyeong-gu, Gyeonggi-do, 2017; (b) was likely to cause danger that the drinking driver would sit on the front of the elementary school of the 40 head of the Gyeong-gu, Gyeonggi-do; (c) the police officer C belonging to the Dong-gu Police Station B of the 112, who received the 112 report, would send to the site to the site and return to the Defendant who was seated in danger to the roadway

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Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the protection of the lives, bodies, and property of the people.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to C or D;

1. A written statement;

1. A detailed statement of report and processing; and

1. Investigation report (investigation into statements by victimized police officers);

1. On-site and photographs of damaged parts [the defendant alleged to the effect that he was in a state of mental and physical weakness due to drinking at the time of committing the crime. However, according to the records of this case, although he was aware that he had drinking alcohol at the time, he did not seem to have reached a state where he lacks the ability to discern things or make decisions due to drinking, the above assertion is rejected].

Application of Statutes

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;

2. The first criminal who was sentenced to a sentence, and was in a state of mental and physical weakness of this case; and

The defendant is not visible but seems to have been under the influence of alcohol, and it is against contingent crimes.

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