(영문) 서울중앙지방법원 2019.09.04 2019고단4209

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Reasons

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.09.04 2019고단4209

공무집행방해

Text

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

At around 23:40 on January 31, 2019, the Defendant reported 112 that “the Defendant assaults a taxi engineer,” and sent to the site, the Defendant was at the end of the Jung-gu Seoul Jung-gu B hotel, Jung-gu, Seoul, the Seoul Central Police Station C District of the Seoul Central Police Station: (a) the defect that the Defendant was about to get off the patrol car in order to prevent another person from suffering a trial fee; (b) D’s face was taken one time on drinking without any reason, and went beyond the bridge.

As a result, the defendant interfered with legitimate execution of duties concerning D's reporting operations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations);

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, character and conduct, family relationship, living environment, motive and means of crime, and circumstances after the crime, the sentence is determined as ordered.

The crime of obstruction of performance of official duties is a crime that undermines the function of the state by nullifying the legitimate exercise of public authority, and needs to be punished for the purpose of establishing national legal order and eradicating the light of public authority.

The defendant's mistake is recognized as favorable circumstances.

The degree of assault against the victimized police officer is not relatively more severe, and the damaged police officer wanted to take the action against the defendant.

In relation to the act of assault against taxi engineers at the time of the instant case, the letter was sought along with the repayment of damage.

The defendant is an initial offender who has no criminal power.

참조조문

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