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(영문) 인천지방법원 2015.12.23 2015고단6660

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

Punishment of the crime

On August 20, 2015, the Defendant was under the influence of alcohol at the front side of the mobilization apartment entrance, which is located in 23-1, Nam-gu, Incheon, Nam-gu.

Accordingly, when a policeman belonging to the Incheon Southern Police Station B District District, who was dispatched to the site upon receipt of a report, demands C to voluntarily return home on the road, he saw C to scam the Defendant, and the Defendant scam the above C at one time in drinking, scam the Defendant at one time, and c scam the Defendant’s hand, scam the defective patrol car intending to make the Defendant genuine and to have the Defendant go on the patrol, and scam the Defendant scam at hand, and scam the Defendant’s scam.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of D;

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act are not good. However, the defendant does not have a criminal record except that sentenced to a fine of one million won for the crime of violating the Road Traffic Act around 2012, considering the fact that the defendant is against the police officer, the defendant's deposit of two million won for the police officer, etc., the defendant is selected to impose a fine only once, and all the above circumstances and various other factors of sentencing shall be determined as the same as the order.