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(영문) 인천지방법원 부천지원 2018.08.10 2018고단1442
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 27, 2018, the Defendant was at the border D belonging to the C District Zone while crossing a four-lane road in front of B in Seocheon-si, Seocheon-si on May 27, 2018, and the Defendant was at the seat of the C District, and the Defendant would not be required to calculate the amount when it was erroneous in the inside.

At the same time, the two descendants assaulted the chest part of the above D by being tightly pushed.

Accordingly, the defendant interfered with the legitimate execution of public duties concerning the traffic control of police officers and the prevention of traffic hazards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on closure photographs;

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. The punishment shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant’s favorable reasons for sentencing under Article 334(1) of the Criminal Procedure Act (the Defendant recognized the instant crime and against his mistake; (b) the degree of exercising his tangible power was relatively low; (c) the Defendant had no record of criminal punishment for the same kind of crime under the influence of alcohol); (d) the unfavorable circumstances (the nature of the crime is not good by exercising violence against a police officer without any particular reason; and (e) the Defendant’s attitude was bad even after he was arrested as a current offender); and (e) other factors, including the Defendant’s age, sex, method of the crime, and the circumstances before and after the crime, which are the sentencing conditions specified in the instant records and pleadings.

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