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(영문) 인천지방법원 2019.08.13 2019고단3694

공무집행방해등

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

1. On May 9, 2019, the Defendant insultd the victim by openly insulting “C” restaurant located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, with the report of 112 “A guest who was sent to the police officer,” stating “A and without any justifiable reason, the victim D, a police officer, who was sent to the police officer, after having received the report of 112 “A guest who was drunk,” who is a restaurant customer E, F, etc., who was under the influence of alcohol.

2. On May 9, 2019, the Defendant assaulted “C” in front of the restaurant in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, at around 23:45 on May 9, 2019, the Defendant recommended that D’s face will be returned, and that D’s chest part of the G District in the Incheon Gyeyang-gu, Incheon, Gyeyang Police Station would be at the time of drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Investigation report (faception and video analysis);

1. Application of Acts and subordinate statutes to a therapy screen;

1. Relevant provisions of Article 311 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of a fine (in the case of a confession by the defendant, the appearance of the mistake shows that the defendant has been repented while making a confession, and there is no criminal conviction exceeding the same criminal record and fine, and the degree of the obstruction of the performance of the duties in this case, etc.);

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