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(영문) 인천지방법원 2017.08.23 2017고단4727

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 19, 2017, around 21:10 on June 21, 2017, the Defendant reported at the street in front of the convenience store C located in the Namdong-gu Incheon Metropolitan City, by a police officer belonging to the Incheon Southern Police Station D District Unit, who called out after receiving a report that the Defendant fright to walk without paying a taxi charge, shall give the Defendant a desire to ask the Defendant for the circumstances of the instant case, and E shall not take a bath.

The defective words, such as "it may be abandoned by force, etc.", and as you can see E by hand, the drinking was close to the face of E, and the part of the back part of E was assaulted on one occasion due to the right part of the elbow.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of respective Acts and subordinate statutes of F, G and H;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 provides that the criminal liability of the instant crime that interferes with the performance of official duties by assaulting a police officer with the reason for sentencing under Article 334(1) of the Criminal Procedure Act does not be somewhat weak, and the Defendant has been punished for the same kind of crime.

However, in consideration of the fact that the defendant's mistake is recognized and reflected, and the fact that the defendant's past records punished for the above violent crime are prior to around 1999, a fine shall be imposed as ordered on the defendant.