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(영문) 인천지방법원 2018.07.05 2018고단4293
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 18, 2018, at the front of the 'C cafeteria' in Seo-gu Incheon, Seo-gu, Incheon around 22:19, the Defendant expressed that 'E' to the slope E belonging to the Down Police Station of Incheon Seo-gu, which was sent after receiving a report of 112 that 'the men and women are fright', 'E', 'E', 'wel', 'wel', 'wel', 'wel', 'Wn', 'Wl', 'Wl', 'Wl', 'Wl', the Defendant’s head sealed the face of the above police officer and pushed the chest of the above police officer with the Defendant's left hand.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to investigation reports (the attachment and reading of personal phone images);

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. A person who interferes with the execution of official duties for the reason of sentencing of Article 334(1) of the Criminal Procedure Act requires a strict punishment for the establishment of legal order and the protection of public authority.

The defendant has been punished by a fine for violence once.

However, the defendant recognized his mistake and reflected his mistake.

It is a contingent crime.

The punishment shall be determined as per the order by selecting a fine in consideration of the overall conditions of sentencing, such as the defendant's age, sex, family relationship, property status, etc.

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