logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.05.19 2017고단1783
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On March 9, 2017, around 12:20, the Defendant damaged the property to the extent of KRW 680,000 repair cost, such as: (a) the Defendant, at around 202, Bupyeong-gu Incheon Bupyeong-gu building B, Bupyeong-gu, Incheon; (b) putting the front door door door door, which is owned by the victim C, as a fire extinguisher without any reason due to alcohol; and (c) cutting a brut with a brush.

2. The Defendant interfered with the performance of official duties, upon receiving a report from 112 on the date, time, place, and the Defendant’s failure as described in paragraph 1, and received questions from the head E of the police station affiliated with the Incheon Samsan Police Station D branch of the Incheon Samsan Police Station, for personal information, etc., and assaulted by “Choe is forced to continue to do so if he or she is fright.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning public peace and maintenance of order related to the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A report on internal investigation (on-site mobilization status, etc.);

1. Written estimate;

1. Photographs - Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), and the selection of fines for a crime;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the Criminal Procedure Act on the order of provisional payment is not good for the defendant, under the influence of alcohol, who damages the victim's entrance door, and assaults police officers dispatched upon receiving such a report, etc.

In order to protect the functions of public authority and eradicate violence during the main action, there is a need to strictly punish the defendant's act.

Furthermore, the defendant has a record of criminal punishment four times due to violent crimes, etc., and the same kind of crime of interference with the execution of official duties.

arrow