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(영문) 인천지방법원 2018.03.28 2018고단599

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

On December 29, 2017, at around 17:30, the Defendant: (a) 193 side of the Bupyeong-gu Incheon Bupyeong-gu church; (b) was an agent for the front of the 193 side church; (c) was placed in a bath and spitation of spits; (d) was placed in a place where the Defendant was placed on the ground of a police officer belonging to the Incheon Samsan Police Station B police station B of Samsan, which was called after receiving a report of 112 that he spits spits down the flap; and (c) spits C with a desire to flap in order to control the flap of the patrol window, and assaulted C by spiting C’s flap on the face.

Accordingly, the defendant interfered with the legitimate execution of duties related to the handling of 112 reports by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record of punishment for the defendant since 2012, and there is no record of punishment for interference with the execution of official duties in the past.

Unfavorable circumstances: The defendant has previously been punished by imprisonment without prison labor or heavier punishment.

It is necessary to strictly punish police officers with regard to their acts that interfere with the performance of official duties.

The act of spitation on the police officer by the defendant causes the police officer to feel a serious insult, so the quality of the crime is not good.