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(영문) 인천지방법원 2015.09.03 2015고단3569
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On June 17, 2015, at around 23:00, the Defendant: (a) 112 reported that “I fighting has fighting,” and (b) intending to assault a person in distress from a police officer E belonging to the Incheon Western Police Station D District Police Station D District, which sent out after receiving 112 report; and (c) she walked three times from a police officer of the Incheon Western Police Station; (b) she she walked on the left top of E in the direction of E; (c) her walked two times to walk the direction of the Fman’s right end, he she saw off to E; and (d) assaulted the her fman’s flab, with his flaps, two times off the entrance.

As a result, the Defendant interfered with the legitimate execution of duties by police officers E concerning the handling of 112 reported cases, and at the same time interfered with the legitimate execution of duties by police officers F with the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Commercial Act (see, e.g., Supreme Court Decisions 2009Do3505, Jun. 25, 2009; 87Do527, May 26, 1987; 87Do546, Jul. 21, 1987)

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the nature of a crime is inferior to that of a police officer who has worn a uniform for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by taking into account the following factors: (a) the accused is led to confession and reflect; (b) the accused has no criminal record of punishment exceeding the fine; and (c) the accused has no record of punishment exceeding the fine; and (d) other matters specified in Article 51 of the Criminal Act, which are the conditions

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