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(영문) 인천지방법원 2015.08.13 2015고정2136

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is between the victim B (33 years of age) who is a police officer as a company member and the defendant.

On May 13, 2015, at around 02:15, the Defendant received a report of 112 (no 267) in front of the Southern-gu Incheon Metropolitan City Nowon-gu, and received a statement from the Defendant, the Defendant asserted that he was the reporter while attending the scene of the victim, who was a policeman belonging to the D Zone, and heard his statement, and was arrested as an act of obstruction of performance of official duties by assaulting the victim by putting the victim's face into a blue blue and unfeling so that the victim's face may be blue and making it hard to sell clothes.

For the foregoing reasons, the Defendant arrested as a flagrant offender on board the patrol vehicle and assaulted the victim by means of cutting breath to the breath in order for the victim to file a petition and cutting off the body, and continuously selling the victim’s left breath by drinking.

As such, the Defendant assaulted the victim by the above method and obstructed police officer's legitimate duty to file and leave 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Act and subordinate statutes for the Investigation Report (Confirmation of Track Images);

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 sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the fact that the defendant recognized the crime of this case, the defendant is the primary offender, and the defendant's age, character and conduct, environment, motive and consequence of the crime, the means and consequence of the crime, etc. shall be determined as ordered in consideration of all the conditions of sentencing.