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(영문) 인천지방법원 2018.07.05 2018고단3618

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

피고인은 2018. 5. 5. 00:20 경 인천 중구 B, 2 층에 있는 'C 노래 짱' 에서 ‘ 내가 왜 술값을 내야 하냐,

He was urged to return home from E, a patroler belonging to the Incheon Jung-gu Police Station D police station, who was called up after being reported to 112 by refusing to pay the payment, such as the drinking value, and was urged to return home.

The Defendant assaulted the police officer's her her m, her tock, and obstructed the police officer's legitimate execution of duties concerning the dispatch of reports and prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Although the nature of the instant crime committed by the police officer by exercising his/her direct physical force upon receiving a report on the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered by the order shall be imposed by a fine in consideration of the circumstances favorable to the Defendant, including the following: (a) although the nature of the instant crime committed by the police officer by exercising his/her physical force on the body of the police officer dispatched upon receiving a report on the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good; (b) it appears that the crime was committed at the time of and by mistake; (c) it appears to be contingent; (d) it appears to have been found to have been found to have been conducted on the following day of the crime; and (e) there was no record of punishment exceeding