(영문) 부산지방법원 동부지원 2018.04.19 2018고단208

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Reasons

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굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2018.04.19 2018고단208

공무집행방해

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 19, 2018, the Defendant: (a) recommended the Defendant to pay a taxi fee belonging to the Busan Southern Police Station Cuk-gu, Busan, which was called out after receiving a report from 112 on January 19, 2018; and (b) demanded the said police officer to return home after finishing the case; (c) the Defendant demanded the said police officer to leave the house; (d) the Defendant did not comply with the demand, thereby making D’s chest part on his hand.

As such, the Defendant assaulted D, a police officer, thereby obstructing D’s legitimate execution of duties concerning D’s 112 reporting operations and patrol operations.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D, F, and E;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order was committed by the Defendant on the part of the police called out after receiving a 112 report by the taxi, and the Defendant’s use of violence against the police dispatched after receiving a 112 report, and the nature of the crime is not good.

However, it is more favorable to the fact that the defendant recognizes the facts charged and reflects the facts charged, the type used by the defendant does not reach a very serious degree, and there is no record of punishment exceeding the fine.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - The group of crimes interfering with the performance of official duties, interference with the performance of official duties, type 1 (Interference with the performance of official duties), etc.: Provided, That the sentencing criteria shall not apply because of the choice

참조조문

-형법 제69조 제2항

-형법 제70조

-형법 제136조 제1항

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