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(영문) 청주지방법원 제천지원 2019.10.24 2019고단288
공무집행방해
Text

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 June 26, 2019, at around 21:40, the Defendant: (a) expressed a disturbance under the influence of alcohol at C restaurants in Ycheon-si B; (b) expressed a desire to the police officer E (the age of 41) belonging to the Jeju Police Station D Zone D District, which called “I am, I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and the prevention and suppression of crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The Defendant assaulted police officers in charge of handling 112 reported cases and preventing and suppressing crimes, thereby obstructing the performance of official duties.

The crimes of defendants are very serious crimes that threaten the safety of police officers who serve to maintain social public order, such as protecting people's lives and bodies, preventing, suppressing, and investigating crimes, and injure their honor and pride.

The favorable circumstances: The mistake is recognized and reflected.

The defendant has no criminal records of the same kind for about 17 years.

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