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(영문) 인천지방법원 2019.03.27 2019고단810

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On January 19, 2019, around 02:27, the Defendant committed assault, such as: (a) having received a report on 112 of the content that “the sound that male and female conflicts seriously,” and attempted to listen to the circumstances, etc. of the case by the superintendent of the police station belonging to the D District called D District E, taking a bath to E, and threatening E to injure their head, and threatening him.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of report cases and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. 가납명령 형사소송법 제334조 제1항 양형의 이유 피고인이 고성으로 욕설을 하며 흥분을 가라앉히지 못하자, 경찰관들이 피고인의 양팔에 팔짱을 끼었다.

The defendant's head was sealed and threatened with police officers, and there was no direct physical contact, and there was relatively weak degree of assault in the execution of official duties.

The defendant shows his attitude to confession and reflect the crime.

The defendant is the first offender.

In full view of the above circumstances, the punishment as ordered shall be determined as above.