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(영문) 인천지방법원 2018.06.27 2018고단2788

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On March 29, 2018, the Defendant: (a) at the front parking lot of “C cafeteria” located in the Namdong-gu Incheon Metropolitan City, Namdong-gu B; (b) while explaining the details of the report to E (28 tax) who is a police officer belonging to the Incheon Southern Police Station D District Unit of the Seoul Southern Police Station, called after receiving a report 112, the Defendant: (c) C Gain B.

They shall be off of clothes.

The Bags expressed that E was able to string up the right right door of E, and assaulted to the face of E.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement protocol for E (Interference with the performance of public duties);

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 who has already been punished by imprisonment without prison labor or a heavier punishment or a crime of obstructing the performance of official duties.

It is necessary to punish the police officer with heavy punishment on the act of obstructing the performance of official duties.