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(영문) 인천지방법원 2019.06.26 2019고단700
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On February 2, 2019, at around 01:55, the Defendant, at the front of the Seo-gu Incheon Seo-gu Incheon apartment Cdong, expressed a 112 report that “the Defendant, under the influence of alcohol, fluent” and solicited the Defendant to return home to the Defendant, the police station affiliated with the Incheon Western Police Station, which called “the fluent bit of bitch, bitch, bitch, bitch, bitch,” and assaulted D by using a cellular phone cited by his hand at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a mobile phone price with the face of a police officer in the course of performing official duties while under the influence of alcohol. The elements of unfavorable sentencing, such as the fact that the nature of the crime is not good, and the defendant reflects his mistake, and the factors of favorable sentencing, such as the fact that there is no record of criminal punishment for the same crime and no record of punishment heavier than the fine, and other favorable factors such as the defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, and the circumstances that are conditions for sentencing as shown in the argument of the case, including the following circumstances.

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