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(영문) 인천지방법원 2019.01.17 2018고단7746

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. On August 18, 2018, the Defendant interfered with the performance of official duties, around 20:50, the Defendant interfered with the performance of duties by a police officer on the handling of 112 reports, such as: (a) the police officer belonging to the Incheon Southern-dong Police Station D District Unit of the Incheonnam Police Station, dispatched after receiving 112 reports that he/she did an act of disturbance; (b) the Defendant interfered with the legitimate performance of duties by a police officer on the handling of 112 reports, such as: (c) continuing to restrain the Defendant; (d) continuing to stop the Defendant; (e) leading the Defendant; (e) leading the Defendant to drinking; and (e) assaulting the head part of E once.

2. The Defendant, in violation of the Punishment of Minor Offenses Act, was arrested as a flagrant offender related to the crime of paragraph (1) at a time and time, was arrested as a flagrant offender related to the crime of paragraph (1), was moved to the D zone located in the Nam-gu Incheon Metropolitan City F, and still under the influence of alcohol, and committed a disturbance for about 40 minutes, such as gambling head on the wall of the earth.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Photographs and the report processing table 112;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing performance of official duties), and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment for the crime of obstruction of performance of official duties as a crime prejudicial to the State’s function by nullifying a legitimate exercise of public authority. However, there is no criminal conviction nor more than imprisonment without prison labor, considering the circumstances favorable to the defendant, such as the defendant’s age, character and conduct, environment, and motive, means, and consequence of the crime.