(영문) 청주지방법원 2015.11.05 2015고단1470

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(영문) 청주지방법원 2015.11.05 2015고단1470

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

Around 01:52 on August 9, 2015, the Defendant: (a) was under the influence of liquor in front of the C week located in Seo-gu, Seo-gu, Seo-gu, Seo-gu; and (b) was issued a penalty payment notice on the violation of the Punishment of Minor Offenses Act on the ground of a violation of the D District of the Chungcheongbuk-gu Police Station D District, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the E Inspector F, who called “I will go to go to go to you,” and the Defendant’s name “I will go to go to you,” but it appears that the above police officers would go to go to go to the Defendant, “I will go to go to go to you,” but the Defendant did not go to go to the front of the defect patrol, “I will not go to go to go to go to the front of the patrol,” and obstructed the police officers from selling the door, thereby obstructing the police officers from doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A statement prepared by the F;

1. A notice of penalty payment, and the application of Acts and subordinate statutes to photographs;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include not only the police officers who did not comply with the solicitation of returning home by the police officers on the ground of the sentencing of Article 334(1) but also the fact that they obstructed the police officers from performing their official duties by preventing them from carrying out patrols, and that they have committed a crime under the influence of alcohol, the duration of the disturbance is shorter than one minute (see, e.g., Investigation Records 39 pages), the direct force is not exercised, or a threat of serious harm is not given, and there is no history of criminal punishment other than the one-time fine.

참조조문

유사 판례

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