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(영문) 인천지방법원 부천지원 2019.02.28 2018고단3320

공무집행방해

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The Defendant, at around 19:00 on November 4, 2018, 191, after reporting the Mas and girls who were in Kimpo-si B of Kimpo-si, asked whether Mas and girls are in compliance with the care of the Mas and Mas and Mas and Mas and Mas and Mass and Mas and Mas and Mas and Mas and

At around 20:27 on the same day, the Defendant entered the "E in the D apartment settlement of Kimpo-si, Kimpo-si," and continued to take a convenience store according to the following results, and the Defendant, upon receiving a report of 112 that 'Abreath under the influence of alcohol' is "when she takes her father and her mother, she was called to the site," and the police officer of the Kimpo-gu Police Station F box called to the site, called the Defendant as a convenience store again in order to take the Defendant out of the convenience store and hear his/her statement, and the above G was controlled by the above G, thereby putting him/her out in his/her hand, thereby hindering the police officer from performing his/her duties in relation to the handling of the 112 report case by cutting him/her out of the root, thereby hindering the legitimate execution of duties by the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and C;

1. Each statement of H and I;

1. Application of Acts and subordinate statutes of investigation report (ctv screen pictures, Ctv-off screen pictures);

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

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 to order provisional payment - the defendant acknowledges and reflects the mistake.

- The defendant has passed through a long-distance due to booming, coming to her mother, and the police called out, but the police has committed violence against the police officer.

- The Defendant was subject to death from the police officer G, and the police officer was ordered to prepare a written application for no punishment, and the police officer called together with the police officer submitted a written application for the Defendant.

- The defendant is an initial offender who has no record of criminal punishment.

The degree of violence and the degree of obstruction of performance of official duties are minor.