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(영문) 인천지방법원 2018.10.31 2018고단6202

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

The Defendant, around 00:25 on December 2, 2018, at around 00:0:25, 189 as the Bupyeong-gu Incheon Bupyeong-gu Bupyeong-gu Bupyeong-gu Bupyeong-gu, and at the front of the exit of 6-gu, Bupyeong-gu, Bupyeong-gu, the Defendant: (a) “A police officer belonging to the Incheon Bupyeong-gu Incheon Bupyeong Police Station B patrol Team 3, who was called upon receiving a 112 report, solicits the Defendant to return home; and (b) the Defendant, “A police officer assigned to the 3rd Team of the Incheon Bupyeong-gu Police Station Gyeong-gu, Incheon, would go home to the Defendant.”

When she took a bath, “the victim’s breasts were tightly pushed down with her fingers, the victim’s breasts were pushed down with her fingers, when she was boomed with the victim’s bath.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to a report on the closure of a dynamic image taken by the injured party and a report on internal investigation;

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

1. The crime of obstructing the execution of official duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a crime that undermines the function of the State by nullifyinging a legitimate exercise of public authority, and requires a corresponding punishment in order to establish the State’s legal order and eradicate the light of the public authority, and there is a record of being fined several times as violent crimes. Meanwhile, the Defendant recognized the instant crime and reflects his mistake, the Defendant did not have any record of being punished for the same crime, the degree of assault is relatively weak, and the Defendant’s age, sex behavior, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the crime, etc., are determined by taking account of the following factors: