beta
(영문) 인천지방법원 2017.04.12 2017고단725

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On January 22, 2017, the Defendant: (a) in front of C in the Namdong-gu Incheon Metropolitan City, Namdong-gu, Incheon, at the Defendant’s request, set off a patrol car in front of C; and (b) E, at the Defendant’s request, set off a defect in which E, a police box affiliated with the Incheon Southern-dong Police Station D, which served the Defendant to the front of C; (c) the Defendant has not been set off;

C The sound “A” was sounded, and E was asked at the destination again, and he was tightly tightly tightly tightly tights E, faceed 5 times by hand.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statement protocol (Obstruction of Execution of Public Duties) to E;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

At the time, the defendant seems to have committed the crime of this case by drinking, and the type used by the defendant is relatively weak.

Unfavorable circumstances: The defendant has previously been punished by imprisonment without prison labor or heavier punishment.

It is necessary to severely punish police officers in order to enhance national confidence in the conduct of public duties.