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(영문) 인천지방법원 2018.07.19 2018고단4004

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is between B and company fees.

B, on December 30, 2017, at a restaurant located in Singu-si, Sinsi-si on December 30, 2017, a person was under the influence of alcohol and a person was under the influence of alcohol in front of D while drinking alcohol together with the Defendant and his/her car.

B 112 Reported to the police officer F of the E District of the Singu Police Station E District and the police officer G of the Singu Police Station, who was sent to the site;

C. As the friend of friend, frily, friend, friend, friend, friend, friend, friend, friend, friend G, friend G at least five times in both arms, and f or friend G, f, with a view to arresting B as a flagrant offender under suspicion of interference with the execution of official duties.

Therefore, in order to prevent police officers from arresting flagrant offenders, the Defendant, by hand, placed the lower part of the light G with his hand, and placed the head debt.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Each police statement made to F and G;

1. A H statement;

1. Application of damaged photographs and field photographs, ctv image Cd laws and regulations;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The punishment of Article 334(1) of the Criminal Procedure Act on the criminal procedure of the provisional payment order is deemed to be light of the defendant's degree of obstructing the execution of official duties;

shall not be deemed to exist.

However, since there are no criminal records in the same way as the defendant, the defendant committed contingent crimes, and B is punished by a fine, considering the balance of the punishment (the Suwon District Court 2018 High Court 2533 High Court 2018 High Court 2018 High Court 2533), the punishment like the order shall be determined in consideration of the degree of damage, character and conduct of the defendant and the environment