(영문) 광주지방법원 순천지원 2019.03.14 2018고단2353

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(영문) 광주지방법원 순천지원 2019.03.14 2018고단2353

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

Punishment of the crime

On October 11, 2018, at around 23:49, the Defendant: (a) took a dispute with D, an agent, who was under influence of alcohol at the entrance of the B Apartment Building Building Building, for the payment of expenses on behalf of the Defendant; (b) took a 112 report, and requested the Defendant to pay the expenses on behalf of the Defendant and return home to the Defendant; and (c) took a bath to the Defendant, stating that the Defendant would have been able to do harm to neighbors, on the ground that the F was prevented from doing so on the ground that he was trying to do so to do harm to neighbors who passed through the site, the Defendant took a bath to the effect that he was able to spread the F’s two arms at one time, and dump 2-3 dump dump dump.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Application of the Act and subordinate statutes on obstruction of performance of official duties, video CDs and field photographs;

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. Although it is necessary to strictly punish the crime of obstruction of performance of official duties in order to establish the legal order of the country with reason for sentencing under Article 334(1) of the Criminal Procedure Act and eradicate the light of the public authority, the punishment as ordered shall be determined by comprehensively taking account of the following circumstances: (a) the Defendant’s depth reflects on the crime of obstruction of performance of official duties; (b) the primary offender is the first offender; (c) the police officer’s expression of non-exclusive intent to punish the victimized police officer; and (d) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and

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유사 판례

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