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(영문) 인천지방법원 2016.07.14 2016고단2714

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant, on May 11, 2016, at around 01:20, at his own residence located in Nam-gu Incheon Metropolitan City B apartment house 1, 1501, and on the ground that “I am late with children,” the Defendant, upon receiving a report 112, tried to confirm the situation of the case by the slope D belonging to the Incheon Southern Police Station C District of the Incheon Southern Police Station, dispatched to the site, and tried to confirm the situation of the case to his children.

In doing a bath theory, “Chewing .........”, the act of assaulting, by hand, the breath of the instant D, such as scambling, scambling, drinking, and selling the D with drinking.

As a result, the defendant interfered with legitimate execution of duties concerning the dispatch of report 112 by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the defendant had the same criminal history as once, leads to the instant crime. In light of the motive and circumstance of the instant crime, method of the crime, and the anti-social nature of the instant crime that interfered with the legitimate performance of duties by a police officer on a criminal investigation, etc., the crime is not less severe, but the Defendant, while drinking with children attending his workplace and drinking with them, led to the instant crime by reporting and contingently taking into account the police officer dispatched after receiving a report while going through a dispute with them, and led to the instant crime. The Defendant’s mistake is later divided, and all other circumstances, such as the Defendant’s age, sex, occupation, environment, family relation, etc., are considered.