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(영문) 창원지방법원 진주지원 2020.03.31 2019고단1102
공무집행방해
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 31, 2019, at around 16:52, the Defendant: (a) was under the influence of alcohol in an emergency room of C Hospital in Jinju-si, Jinju-si; (b) demanded the police officer E, a police officer belonging to D Zone D District of the Gyeongnam Police Station, who was called to the scene after receiving a report of 112, to leave the police lane in front of the above police station; and (c) demanded the police officer, a police officer belonging to E, F, and G, who called the D Zone D Zone D District of the Gyeongnam Police Station, who called to the scene. Accordingly,

At around 17:10 on the same day, the Defendant committed assaulted F, such as: (a) on the top of the police station in front of the Gyeongnam-ro 24-gil, Jin-si, Jin-si, Jin-si; (b) on the front of the police station in Jin-si, Jin-si, Jin-si; (c) on the front of the police station in front of the police vehicle in front of the police vehicle in front of the police vehicle in front of the police vehicle in front of the police vehicle in front of the police vehicle in front of the police vehicle in front of the vehicle without any particular reason; (d) on several occasions, the above F returned to the Defendant’s house, and (e) on three occasions, when the F returned to the Defendant.

Accordingly, the defendant interfered with legitimate performance of duties, such as patrol in the jurisdiction to handle the 112 reported cases and prevent crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. 112 Reporting table, each investigation report (No. 15, 17 No. 5 of the evidence list);

1. Screenings and video CDs after a video closure;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences by law: Fines of 50,000 to 10 million won; and

2. Non-application of the sentencing criteria: The sentencing criteria shall not be applied by selecting fines.

3. The crime of this case, which was determined to be sentenced, is an assault against a police officer during the performance of his duties, and the liability for such a crime is not minor;

However, the defendant's mistake is recognized and the damaged police officer is found.

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