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(영문) 인천지방법원 2016.08.17 2016고단3777

공무집행방해

Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On May 31, 2016, the Defendant: (a) around 02:45, at a main point in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon; (b) “I amb by customers”; and (c) “I amben” to D’s circumstances belonging to the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Seoul, Police Station C District Office, “I amben in front of me gue”; and (d) to ask for personal information “I amben without any lehy.”

“Along with approximately five minutes of debrising, she was required to take out from D, and she was expressed out of the main place and D, she was able to take her bath, “D’s flaps,” her hand, and her part was flapsed by another hand.

Accordingly, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on the prevention of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. Although it is unfortunate to obstruct the performance of official duties by assaulting a police officer dispatched by the Defendant upon receiving a report on the Defendant under the influence of alcohol, a sentence of fine like the order shall be imposed in consideration of the attitude of the crime, the recognition of the Defendant’s criminal act, and the absence of the same kind of power.