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(영문) 인천지방법원 2016.10.19 2016고단5431
공무집행방해
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

At around 02:30 on July 24, 2016, the Defendant received a report of 112 that “the Defendant is suffering from disturbance due to drinking value at the above main point,” and assaulted E face at one time in drinking, by taking a large interest of “I am to avoid disturbance” from E affiliated with the Incheon Southern Police Station D, which called “I am to do so,” “I am to do so,” “I am to am to prevent fright, anywhere? I am to do so,” and “I am to do so.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of documentary evidence;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment does not mean that the Defendant’s act of obstructing the performance of official duties by a police officer wearing uniforms dispatched after receiving a report on him/her under the influence of alcohol is not easy, but is an active act of transferring the attitude of crime

However, in consideration of the fact that the defendant acknowledges and reflects the crime, and that the defendant has no record of obstruction of performance of official duties and has been twice a fine for violence, but has been before 2003, a fine like the order shall be sentenced.

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