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(영문) 인천지방법원 2019.09.05 2019고단4036

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 June 8, 2019, at around 22:16, the Defendant: (a) requested the police officer E (Nam, 30 years old), who was dispatched to the site after receiving 112 report that customers would be punished for trial expenses without paying the fee, to go home from the police officer E (W), who was sent to the site, and to go home from the police officer E (Seoul, 30 years old) who was sent to the site; (b) interfere with the movement of the patrol by putting him even with the vehicle door on several occasions; and (c) as at the time of the above police officer, the police officer turned down the Defendant’s hand, and thereby interfered with the legitimate performance of duties of the police officer by assaulting the police officer, such as spreading the Defendant’s chest, and assaulting the police officer’s chest.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (fields, etc.);

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. The fact that the police officers who received 112 report of the reason for sentencing of Article 334(1) of the Criminal Procedure Act and received 112 notice of the order to provisional payment order do not seem to be less vulnerable in light of the circumstances leading up to the instant crime that obstructed the performance of official duties, and that the same type of punishment power, such as the crime of violence or obstruction of business, can be applied to the defendant, which is disadvantageous to the defendant, and the degree of the used type of crime is relatively less severe, and the fact that the degree of the used type of force is not relatively excessive, and that the current mistake is recognized and against the defendant, etc.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, character, conduct and environment, motive of the crime, and circumstances after the crime.