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(영문) 인천지방법원부천지원 2020.10.21 2020고단2470

공무집행방해

Text

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

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On May 13, 2020, at around 02:20, the Defendant: (a) under the influence of alcohol, sent a report on the 112-round 02:20 on May 13, 202, 20, stating that “The Defendant, a police officer affiliated with the Kimpo Police Station C commander of the Kimpo Police Station, called “the Defendant, who wishes to go on the road,” “I will go on the road,” and assault D, at one time, the right side part of D’s head at the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the police station that will serve for the police station and police box with respect to D;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the order of provisional payment is an offense of leaving the police in danger of protecting the lives and property of the people by nullifying the legitimate exercise of public power.

Although the defendant was under the influence of alcohol and the responsibility of the defendant's assaulted against the police officer, the defendant shows his attitude to recognize and reflect all crimes, publicly announced social ties, police officers wanting the defendant's preference, the police officers do not have any injury, and other conditions of sentencing, such as the defendant's age, character and conduct, family environment, background of the crime, circumstances after the crime, etc., shall be determined in consideration of all the conditions of sentencing.

It is so decided as per Disposition for the above reasons.