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(영문) 인천지방법원 2019.06.26 2018고단8269
공무집행방해등
Text

Defendant

A shall be punished by a fine of KRW 3.5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

(a) No person shall be allowed to put a person around a place where many people gather or frequent, such as restaurants in violation of the Punishment of Minor Offenses Act, and other persons, by uttering or doing rough words or conducts, or spirits to other persons without any justifiable reason under the influence of alcohol;

Nevertheless, at around 00:20 on November 7, 2018, the Defendant, while under the influence of alcohol in Michuhol-gu Incheon Metropolitan City, took a bath to the above main shop in the state of alcohol.

B. On November 7, 2018, the Defendant, at around 00:25, received a report on the road front of the above D main station, and received a request for confirmation of personal information from the police officer F (the age of 31) who belongs to the Incheon Michuhol Police Station Epis, Incheon, and received a request for confirmation of personal information from the police officer belonging to the police officer of the Incheon Michuhol Police Station Epis, and took the face of the above F.

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

2. Defendant B, around 00:30 on November 7, 2018, entered the Incheon Michuhol Police Station E box located in Michuhol-gu Incheon, Incheon, Michuhol-gu, and took a bath to the above F while drinking, and took a riot to the above F while taking a breath, and avoided the disturbance. Defendant B pushed down the part of the above F, which was pushed down to the f, with the f’s seated.

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the police protocol of statement to F;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 136(1) of the Criminal Act (the point of obstructing performance of official duties, the choice of fines), Article 3(1)20 of the Punishment of Minor Offenses Act (the point of disturbing sound addresses and the choice of fines)

B. Defendant B: Article 136(1) of the Criminal Act; selection of fines

1. Defendant A among concurrent crimes: The aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum amount of both crimes is added), among concurrent crimes, shall be added;

1. Defendants of detention in the workhouse: Article 70 of the Criminal Act.

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