(영문) 전주지방법원 2015.04.23 2014고단2269

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(영문) 전주지방법원 2015.04.23 2014고단2269

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 04:20 on August 14, 2014, the Defendant: (a) was urged by the police officer F to pay a taxi fee from the police officer F who was working at the scene of the problem of taxi article E and the taxi fee at the Jeonjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Police Station) on August 14, 2014; (b) collected the taxi fee; (c) took the head of F at two times in drinking; (d) cutting down the door of the police officer G, who was under the control of the police officer G, and continued to cut off the line by cutting off the trees of G, and thereby obstructing the police officer’s legitimate performance of duties concerning the prevention of the police officer’s crime and the maintenance of order, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Each report on investigation;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to obstruct the execution of duties by assaulting police officers, and thus, the nature and circumstances of the crime are not good. However, the defendant is the first offender, and the defendant is recognized as committing the crime of this case, and in depth is divided, the defendant has paid KRW 2 million upon the F's application for payment order by the damaged police officer, and deposited KRW 1 million for G with the damaged police officer, and other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc. shall be determined as ordered by the order.

It is so decided as per Disposition for the above reasons.

참조조문

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