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(영문) 인천지방법원 2016.03.30 2016고단524

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On January 25, 2015, at around 21:39, the Defendant assaulted E of the Incheon Southern-dong Police Station D' which controlled alcoholic beverage sales in the Namdong-gu Incheon Metropolitan City, and obstructed the police officer's legitimate performance of duties concerning the control of crime by assaulting E by stating that the Defendant would be subject to the performance of official duties within the field of the Seoul Southern-dong Police Station D', which was under the control of alcoholic beverage sales.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Selection of a selective fine for punishment (the fact that the defendant has no past record of punishment exceeding a fine, the fact that the defendant committed the crime of this case in contingency under the influence of alcohol, and the fact that he opened the crime);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;