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(영문) 인천지방법원 2015.11.11 2015고단5980

공무집행방해

Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On August 18, 2015, at around 23:55, the Defendant: (a) expressed that he was a police officer in charge of the violation of the Punishment of Minor Offenses Act from the police officer E head of the Incheon Southern-dong Police Station D District District Station, the Defendant was a police officer in charge of the violation of the Punishment of Minor Offenses Act, and (b) expressed that he was able to die from the Defendant’s seat. The Defendant expressed that he would throw away from the Defendant’s hand the Defendant’s right hand hand hand by hand. The Defendant committed assault by assaulting the Defendant, such as her 112 report handling, etc., of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the F and G Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. To obstruct the performance of official duties by assaulting a police officer who was dispatched to the police after receiving a report on his/her failure at the place of business of another person is not good, but it is not good to commit a crime. However, the defendant's attitude of assault is not serious, the defendant recognizes and reflects a crime, and the defendant has no power to interfere with the performance of official duties, the defendant shall be sentenced to a fine like the order.