beta
(영문) 인천지방법원 2017.10.12 2017고단6262

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On August 19, 2017, the Defendant, at the Seo-gu Incheon Seo-gu Incheon Seo-ro, 77 Incheon Seo-gu Police Station, and at the Seo-gu Incheon Seo-gu Incheon Seo-gu Police Station B, “this son ought to die,” changed the police officer to search for the police officer while entering the police station inside the police station, and caused B and the police officer C belonging to the Incheon Seo-gu Police Station C to stop, and caused B’s son as soon as possible.

계속하여 위 경찰서 주차장에서 B의 얼굴을 주먹으로 때리고, D의 다리를 발로 걷어찼다.

As a result, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the maintenance of order of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Application of Acts and subordinate statutes to report on investigation (the attachment and analysis of data on images of personal phones);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: (a) a person who interferes with the performance of official duties needs to be strict for the establishment of the State’s legal order and the protection of public authority; and (b) the degree of violence that the Defendant has exercised is not easy; (c) a person who has committed any contingent crime. There is no criminal conviction against the Defendant; (d) a person who has committed any contingent crime. There is no criminal conviction against the Defendant; (e) a person who has committed any other crime; and (e) a person who has determined the punishment as ordered by the disposition, by taking into account