(영문) 창원지방법원 마산지원 2015.01.06 2014고단993

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자간(%)

(영문) 창원지방법원 마산지원 2015.01.06 2014고단993

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 9, 2014, at around 03:00, the Defendant was boarding a D taxi operated by Da-dong, Masan-si, Simsan-si, Masan-si, and reported 112 as follows: (a) the Defendant was driving the said cab on the ground that the said cab does not have a course that the said cab wants; (b) the Defendant was not driving under the influence of alcohol; and (c) the Defendant was driving under the influence of alcohol on the said cab on the ground that the said cab did not have a course that the said cab wants; and (d) the Defendant reported 14-10.

Accordingly, the police officer F of the Masan Police Station Estation belonging to the Masan Central Police Station Estation, and the police officer confirmed that he did not drinking alcohol to the above taxi officer after checking whether he was drinking, and subsequently confirmed that he did not drinking alcohol. After that, the taxi officer attempted to ask the defendant for the taxi fee, and the defendant attempted to take the above taxi driver on his hand without any justifiable reason. In this case, the police officer spons the defendant's arms on the ground that he was sprinking the defendant's arms and sprinking, and assaulted the chest by hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police protocol of statement to F;

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act requires strict punishment. However, the punishment as ordered is determined by taking account of the following factors: (a) the Defendant’s mistake is divided; (b) the degree and degree of assault and damage is minor; (c) the Defendant’s age, character and conduct, environment; (d) the motive and background of the instant crime; and (e) the circumstances after the commission of the crime.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제136조 제1항

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