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(영문) 창원지방법원 마산지원 2018.08.21 2018고단571
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

On March 14, 2018, the Defendant was wraped with C, which is a branch of the OOO restaurant located in Changwon-si, Changwon-si, Changwon-si B on March 14, 2018, and “two male wraps each other,” upon receipt of a report 112, to ask questions of the circumstances where the police box belonging to the Masan-gu Police Station Down, Masan-si, which was called out, and the personal information from the E assistant F, and to ask questions of whether he is a stick among the public.

He saw that he she is off, she is off, and fastened once, and that he she saw the chest part of the above F with both hands.

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of F to F’s statement protocol, the first statement protocol protocol by the police against G;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act is serious, the police officers who are the subject of violence want to punish the defendant, despite the gravity of the crime of obstructing the performance of official duties, the confession and reflect of the defendant, the defendant does not have any criminal record due to an act of violence, and there is no other criminal record except three times of a fine, and the degree of the violence and obstruction of official duties of the judgment is not severe, the punishment shall be determined as per the order, taking into account the above facts.

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