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(영문) 인천지방법원 2018.07.25 2018고단4009

공무집행방해

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 2, 2018, the Defendant: (a) assaulted the Defendant on the ground that the Defendant did not adjoin himself/herself under the influence of alcohol with D and D, which is the cause of his/her service in the Schedule Section B located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, on May 2, 2018; (b) assaulted him/her, such as drinking the chest of D, driving him/her, etc.;

The E used violence, such as walking cars one time from the side of the E.

Defendant 12 reported that service personnel were assaulted as above and sent to the site by the police officer belonging to the Bupyeong Police Station F District of the Bupyeong-gu Police Station, who was dispatched to the site, and requested to present identification cards for the purpose of identifying the status of the Defendant. As such, the Defendant 1 was able to see the circumstances of the instant case and requested to present identification cards.

As a result, the defendant assaulted police officers who perform duties related to criminal investigation, etc. to interfere with legitimate performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D, E, H, and I;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. In full view of the circumstances under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, and other circumstances of sentencing as indicated in the instant records and trial process, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and method, and circumstances after the crime, etc., the sentence identical to the order shall be determined.

D. Unfavorable circumstances: The crime of obstructing the performance of official duties is a crime that has impaired the function of the State by nullifying a legitimate exercise of public authority, and is favorable circumstances such as the necessity of punishment corresponding thereto for the establishment of a national legal order and the eradication of a light of public authority: The defendant recognized the crime of this case and reflects his mistake; the defendant committed a violation of the Act on the Establishment of Local Reserve Forces on November 1, 1987, and there is no record of criminal punishment other than the fine of KRW 10