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(영문) 인천지방법원 2018.10.24 2018고단6416
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 July 22, 2018, the Defendant: (a) on the ground that the drinking value was too high after drinking alcohol at “C main points” of the wife B and the second floor “C main points” of Yong-si on July 22, 2018; and (b) on the ground that the drinking value was too high after drinking alcohol, the Defendant: (c) from the police officer affiliated with the police box of the Yongsan-do Police Station D, which was called out after receiving a report by 112; and (d) on the ground that:

“I am, I am, I am, I am, I am.”

Purpose of this Act

” 라는 등 반말을 하고, 이에 위 E가 반말을 자제할 것을 요청하자 위 E에게 욕설을 하며 오른손으로 위 E의 왼뺨을 1회 때려 폭행하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment was when the defendant, who was called to the business owner and the police officer during the time of his/her call on one occasion due to the drinking value.

However, the defendant seems to have committed the crime of this case in a contingent manner, and there was no additional violence.

In addition to the punishment of each fine due to a violation of the Road Traffic Act in 1998 and 2007, the accused has no previous conviction.

Defendant is led to confession and reflect on crimes.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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