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(영문) 인천지방법원 2019.05.23 2019고단1613

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 March 6, 2019, at around 02:05, the Defendant was subject to the control of E and F from the police officer of the Incheon Southern East Police Station D Zone D, who was called for, after receiving a report from 112, the Defendant 1 was fluencing the drinking while drinking together and drinking together at the Defendant’s house located in Namdong-gu Incheon Metropolitan City B building, and the Defendant’s house located in subparagraph C.

그럼에도 불구하고 피고인은 G의 얼굴을 발로 수회 걷어차는 등 소란을 피우다가 경위 E, 순경 F로부터 폭행으로 현행범인체포를 당하게 되자, 경위 E의 가슴을 발로 3회 걷어차고 순경 F의 무릎을 발로 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of the police concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to H, E, and F;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 was reported, and assaulting another person before police officers dispatched after receiving a report on the reason for sentencing under Article 334(1).

In light of the circumstances of the instant crime, it is not good to commit the crime in light of the assaulting police officers to arrest a flagrant offender and obstructing the performance of official duties.

However, the punishment as ordered shall be determined by taking into account the circumstances such as the defendant's age, character, conduct and environment, motive, circumstances after the crime, etc. in consideration of the fact that the defendant shows the degree of damage, the degree of damage is not serious, the fact that there is no power to punish the fine exceeding the fine, and other circumstances that are shown in the records and arguments.