(영문) 의정부지방법원 고양지원 2018.12.21 2018고단2104

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자간(%)

(영문) 의정부지방법원 고양지원 2018.12.21 2018고단2104

공무집행방해

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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

The Defendant, at around 03:50 on June 15, 2018, at the C church laps, in the C church laps B, at around 03:50 on June 15, 2018, controlled by drinking on the immediately preceding on-site, and responded to this, to E of the police box belonging to the Pakistan Police Station, which is a public official of the control police;

Chewing gue, night road, etc., expressed a great desire and threaten to brush, and the above E was on board with windows installed in the brupt chief of the patrol vehicle for continuing to accompany the brush, and the tobacco butts flue was collected toward the above E and the processed fluent on the face.

As a result, the defendant assaulted E who is a police official and interfered with legitimate execution of duties concerning the crackdown on drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written statement;

1. The defendant asserts that the investigation report (ctV analysis) (the defendant does not have a cigarette but has a police officer E, but only has a patrol car on board by the police officer.

The assault of a crime of interference with the performance of official duties is an act of exercising illegal tangible power against a public official, and is against a public official who performs official duties, and it is sufficient to interfere with the performance of duties of the public official. Thus, even if the police officer E was faced with a patrol vehicle on board, as alleged by the defendant, it is sufficient to view that the excreta would interfere with the performance of duties of the police officer, such as protruding away from the face of the police officer, etc. Therefore, the assault against the above police officer. Furthermore, the defendant expressed a great desire as stated in the facts constituting a crime committed against the above police officer before he left cigarette butt. This constitutes intimidation to suggest that the above police officer's body would be harmed.

Therefore, the defendant performs his duties.

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