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(영문) 인천지방법원 2016.09.01 2016고단4369

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 4, 2016, at around 02:55, the Defendant was confirmed to have failed to pay the drinking value through CCTV images within the above C points, from a policeman belonging to the Incheon Western Police Station D District, who was dispatched after receiving a report of 112 without paying the drinking value, from the Seo-gu Incheon Metropolitan City 1st floor C points.

피고인은 이를 인정하지 않고 “씨발, 짭새새끼 ”라고 계속하여 큰소리로 욕설을 하다가 같은 날 03:50경 위 C주점 앞 노상으로 나가서 그곳에 주차되어 있던 소유자 불상의 F 싼타페 승용차를 손과 발로 차던 중 E이 이를 제지하자, 갑자기 주먹으로 E의 왼쪽 얼굴을 1회 때리고 손톱으로 E의 왼 손등을 움켜쥐어 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on investigation (case concerning photographing a police officer in charge of violence), a report on investigation (a statement made by a shot person H), and a report on investigation;

1. Application of Acts and subordinate statutes to the H’s written statement;

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. An order for provisional payment under Article 334(1) of the Criminal Procedure Act provides that considering the form of a crime for sentencing, the degree of the injured party’s wife, etc., the crime is not good, contrary to the unfavorable circumstances, and the fact that there is no specific criminal punishment other than that sentenced to a fine once due to larceny, etc. shall be considered as favorable circumstances, and the punishment shall be determined as ordered by taking into account other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.