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(영문) 인천지방법원 부천지원 2017.01.25 2016고단3232
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On August 25, 2016, around 16:05, the Defendant assaulted the Defendant’s house to search and execute a warrant of arrest against H, which is the Defendant’s seat, located in the Kimpo Police Station, E, slopeF, and slope G, at the Defendant’s house at Kimpo-si, Kimpo-si, 103, 502, and the Defendant’s house at around 16:02.

The defendant continued to arrest the above E, etc. after finding H hidden in the toilet, and assaulting the chest part of the above E by selling.

Accordingly, the defendant interfered with legitimate execution of a police officer's warrant of arrest.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which statements made by the police in relation to E are recorded;

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. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant seems to have led to confession of the crime of this case and repented his mistake; the crime of this case seems to have been committed contingently in the process of resisting the police officers who intend to arrest a de facto marital spouse; the purport of the crime of this case was transferred to the police officers who suffered the damage; and the police officers who did not want the punishment of the defendant; the crime of this case was used violent violence against the police officers dispatched due to his mistake; the crime of this case is not good; the defendant was under the suspension of the execution of imprisonment with prison labor due to the crime of violence inclination at the time of the crime of this case; and the defendant was under the suspension of the execution of imprisonment with prison labor due to the crime of this case; the crime of this case and the degree of interference with official duties due to the assault of this case, etc. shall be determined as ordered by the text of the Criminal Act.

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