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(영문) 인천지방법원 2021.03.24 2021고단210

공무집행방해

Text

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

If the above fine is not paid, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

On December 29, 2020, the Defendant conducted a demonstration with one person under the influence of alcohol at the C District of the Incheon Bupyeong-gu Incheon Bupyeong-gu Police Station C District on December 29, 2020, and at around 23:10.

"I ambling cans in possession of cans, and you are urged to return home from the border D belonging to the above area."

오늘 한번 제껴 보려고 왔는데 힘이 세네 사실 맞짱 뜨러 온 건데" 라는 등 욕설을 하고, 오른쪽 팔꿈치로 위 D의 인중 부분을 1회 때리고, 계속하여 귀가할 것을 권유 받자 D의 목을 오른팔로 휘감아 조르는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning public peace and maintenance of order.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. Application of Acts and subordinate statutes to photographs analyzing CCTV records and images;

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. In full view of the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the sentencing conditions under Article 51 of the Criminal Act, including the following circumstances, shall be determined as per Disposition.

1. At least after September 2020, while drunk, the police officers found a disturbance in neighboring stores or police teams at least several times in the influence of alcohol and assaulted police officers in the course of their official duties in order to fluence their failure in a state of booming.

In light of the weather, attitudes, and the situation before and after the defendant at the time, the intention to obstruct the execution of official duties is obvious and planned, and therefore the quality of the crime is not weak.

1. Recognizing crimes.

In the trial proceedings, it is not understood as why it was ‘drawing or why it was done.'

It shall be bullying by itself and flickly.

3.2. As stated in the Disposition above, the Defendant

No one-time suspension of sentence of a fine shall have any other record of punishment.