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(영문) 대구지방법원 2019.10.17 2019고단3467
공무집행방해
Text

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

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

Reasons

Punishment of the crime

1. At around 21:50 on June 2, 2019, the Defendant reported at D University, the end point of C bus in Busan City, on the 112-round 2019, that “I will leave the bus floor because I will get too many passengers, will not get out of the bus floor.” The Defendant reported the situation where F, under the influence of the Defendant, was under the influence of alcohol, unbring down the bus floor, and said F, “I will go out of the Defendant,” and said F, “I will go out of the bus floor,” and said F, “I will go out of the Defendant,” and said F’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’ and f’ f’s f’s f’s f

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

2. When the Defendant was arrested as a flagrant offender by committing the act as described in paragraph (1) at the same date and time as described in paragraph (1), at the same place, and by committing the act as described in paragraph (1), the Defendant took one time the body part of the left parts of the said G with his head, and took a bath of the said G’s face, i.e., “bins and slopings,” to the said G, who was aboard the patrol vehicle and was detained in the front of the police box while being detained into the E police box, and received again the face of the said G with its head.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol to G and F

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 reason for sentencing under Article 62(1) of the Criminal Act is that the defendant assaulted police officers who perform their duties to interfere with legitimate execution of duties, and the responsibility for the crime is not easy.

However, the fact that the defendant recognizes the crime and reflects it in depth to the person who rendered distinguished services to the State.

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