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(영문) 인천지방법원 2018.12.11 2018고단7855

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 20, 2018, around 18:10, the Defendant obstructed the police officer’s legitimate execution of official duties by assaulting D police officers, who were in the process of receiving a report related to the taxi fare (hereinafter “CJ”) around the Southern-gu Incheon Southern Police Station, Incheon, Nam-gu, Incheon, and received a report related to the taxi fare, and expressed D’s bath to E, who is a taxi engineer, taking a bath to D, and intending to put D’s shoulder up one time, with his hand, and put D’s shoulder up with D’s hand, thereby obstructing the police officer’s legitimate performance of duties.

2. The Defendant’s insult at the above time and place, and against the Victim F (47) who is the police official belonging to C District Police Team, during the surveillance of the said taxi engineer E, etc., “this rings, killed,” while:

The victim openly insultingd by “the bit of bit of a bit of a bit of a bit of a bit of a bit of bit.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, and the selection of fines for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. A person who interferes with the execution of official duties for the reason of sentencing of Article 334(1) of the Criminal Procedure Act requires a strict punishment for the establishment of legal order and the protection of public authority.

However, the defendant's mistake is recognized.

It is a contingent crime.

There are two times of violence fines, but it has been long ago.

The punishment shall be determined as per the order by selecting a fine in consideration of the overall conditions of sentencing, such as the defendant's age, sex, family relationship, property status, etc.