(영문) 서울북부지방법원 2014.10.23 2014고단2736

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(영문) 서울북부지방법원 2014.10.23 2014고단2736

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 July 11, 2014, at around 11:20, the Defendant was urged to return home from the slope C belonging to the Seoul Dobong Police Station B District, which was called upon 112 report that the Defendant, while under the influence of alcohol from the Changdong Station No. 4 line 2 in the Changdong-dong, Dobong-gu Seoul, Seoul, he was under the influence of alcohol.

On the ground that the Defendant was shouldered as above, the Defendant: (a) taken the Defendant’s desire to “C”, and pushed C by hand; and (b) continued to sleep C on two occasions with the right drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. Although the instant case, which used violence against a police officer on the ground of sentencing under Article 334(1) of the Criminal Procedure Act, does not seem to be negligible, the Defendant appears to have caused the contingent crime by a police officer, the Defendant led to the confession and reflect of the police officer, and the Defendant committed the crime against the victimized police officer once a fine is imposed, the Defendant did not have any special criminal record and has no record of the same kind of crime, and other factors of sentencing, such as the background, form, circumstance after the crime, character and conduct of the Defendant, character and environment, etc., shall be determined as ordered by the order, taking into account all the factors of sentencing such as the circumstance of the instant crime, form, circumstance after the crime, character and conduct of the Defendant.

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

참조조문

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