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(영문) 인천지방법원 2017.08.18 2017고단4317

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On January 13, 2017, at around 03:20, the Defendant reported that the Defendant did not pay the Defendant a diving fee at the parking lot in front of the police box located in the Namdong-gu Incheon Metropolitan City, Incheon, and that the Defendant sent the Defendant, who is a policeman on duty at the above police box, and she took the Defendant, who was working in the said police box, and she took the Defendant at the vehicle, she pushed the Defendant, boomed the Defendant’s flick, and she assaulted the Defendant at one time at the horse Flick.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties of police officers concerning civil petition handling affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes of G and E;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The punishment of fines shall be imposed by taking into account the following: (a) the grounds for the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized and reflected; and (b) the fact that there is no record of the same crime or the fact that there is no record of the crime exceeding the fine (in addition to the punishment of fines due to a violation of the Traffic Act of 2010, there is no record of punishment other than the punishment of fines). However, the amount of fines shall be determined by comprehensively taking into account all the factors of the sentencing revealed in the instant case, such as the degree of force and mode of conduct to police officers during the instant crime, and the circumstances after the crime.