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(영문) 인천지방법원 2018.09.07 2018고단5452

공무집행방해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the passengers of the Incheon subway 2, became the first floor of the Incheon Seo-gu, the first floor of the 252, along with the service personnel in Seo-gu, Incheon.

At around 22:55 on July 13, 2018, the Defendant assaulted the Defendant to hear the statement from the Defendant on the background of the dispute, such as the defect that D, the police officer belonging to the Incheon Western Police Station C District Police Station, who was called out after receiving a report of 112 stating that “the there was two passengers,” and obstructed the police officer’s legitimate execution of duties concerning the handling of the report of 112 cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on investigation reporting;

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. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant assaultss a police officer in the waiting room in the subway station, and the nature of the crime is not exceptionally applied in light of the circumstances of the crime, the degree of violence, etc.

In order to establish the legal order, crimes that obstruct the legitimate performance of police officers' duties are recognized to require strict punishment.

However, the defendant led to the confession of the crime and reflects his mistake.

Defendant has no record of punishment, other than criminal punishment, due to a violation of the Road Act in 2003.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.