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(영문) 인천지방법원 2016.10.27 2016고단5540

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On August 6, 2016, at around 07:25, the Defendant: (a) obstructed the performance of official duties; (b) on the front way of “C” located in Gyeyang-gu Incheon Gyeyang-gu, Incheon; and (c) on the 112 report of the Defendant, “C was sent to the site”; (d) the police officer E and policeman belonging to the Incheon Gyeyang Police Station D Zone D District, who called “F,” who was in the vicinity and was in the vicinity of the site, and (d) the Defendant’s attempt to remove the chair, and (e) interfered with the Defendant’s gathering of the chair; and (e) the said E’s chest’s chest continued to be sealed by shakinging down the arms, and assaulted the chest.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases and crime prevention.

2. At around August 6, 2016, at the same place as Paragraph 1, around 07:35 on August 6, 2016, the Defendant openly insultingd the victim G, a police officer affiliated with D District of the Incheon Gyeyang Police Station D District, by the Defendant’s report, with a large voice, such as “bit of bit of a bitch, bit of a bitch, bit of a bitch, bit of a bit of a bitch. Mah, Mahh, Mah,” etc., while she

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and H;

1. A written statement of I;

1. A complaint filed by G;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against E, which are more severe among the crimes of obstruction of official duties committed above);

1. Selection of each sentence and each fine;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated after the regular concurrence);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in obstructing the police officer’s legitimate execution of duties for the crime of this case, the motive and circumstance of the crime, the method and method of the crime, and the criminal investigation.