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(영문) 인천지방법원 2017.10.26 2017고단5855

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a national of the Republic of mentor, currently attending the D University Construction Engineering and the third grade.

The victims shall be police officers in F and G police officers working in the Incheon Southern Police Station E District.

The defendant was under a state of her ability to discern things or make decisions because the defendant was cut down on the roadside and was locked, or was under a state of her ability to break down things or make decisions, such as entering the body of a shoulderer in diving due to the learning of police officers.

around 03:53 on 29. 06. 29. 03, the Defendant: (a) discovered the Defendant who is a foreigner in front of the I real estate located in the Nam-gu Incheon Metropolitan City H on the way, and (b) discovered the Defendant who f and Gman on the alleyway from the course of the dispatch to the site after receiving 112 reports; and (c) turned out to the ordinary house located in the Nam-gu Incheon Metropolitan CityJ of approximately 40 meters away from the eropos, the Defendant f and Gman on the alleyway.

The Defendant used the F and G to stop from doing so, and to take away from the house, and to take the face of G twice drinking, and assaulted the F’s left side, and his son and sonel three times off.

Accordingly, the Defendant assaulted F and G, thereby obstructing police officers from performing their legitimate duties on handling reports and maintaining order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of the Acts and subordinate statutes to the results of photographing mobile phones and recycling video images and viewing;

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 selective fines for punishment (the following factors shall be taken into account in sentencing):

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act does not seem to have a bruptive effect on the part of the public official, the result of interference with the public duty is not hot, the initial crime, and the physical and mental weakness of the order.