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(영문) 인천지방법원 2020.04.09 2020고단1765

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

At around 23:45 on February 14, 2020, the Defendant received 112 reports in front of the C cafeteria located in Namdong-gu Incheon Metropolitan City, and requested the police officer E belonging to the Incheonnam Police Station D District to verify personal information, such as the Defendant’s address for returning home, etc., and refused it. On the other hand, the Defendant took dangerous action, such as walking to the sloping and walking to the roadway, and the police officer took safety measures on behalf of the Defendant, even if the police officer was sent at the same time following the road edge, the Defendant rejected it, and the Defendant rejected it even if the police officer attempted to take the safety measures on behalf of the Defendant’s bank, and the police officer attempted to remove the above bank “I did not open the bank. In other words, I did not see it again.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers' protective measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on screen pictures, video CDs and field photographs;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Selection of Punishment;

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

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case

A favorable normal condition: The defendant acknowledges his mistake and repents.

There is no history of criminal punishment prior to the instant case.

D. Unfavorable circumstances: The defendant, while under the influence of alcohol, committed an assault to the police officer who is a victim without any particular reason, and the nature of the crime is not good.