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(영문) 인천지방법원 2017.01.12 2016고단5996
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 27, 2016, around 17:15, at the front of the C cafeteria located in the Southern-gu Incheon Metropolitan City B 12, the Defendant was urged by E in the circumstances surrounding the seat of the Seoul Southern-dong Police Station D District of the Incheon Southern-gu Police Station to calculate the said C cafeteria, which was dispatched after receiving a report of 112, and was urged by E to do so. In order to receive a notice of the payment of the penalty notified by the above E, the Defendant assaulted the E at one time by asking questions about the resident registration number in order to receive a notice of the payment of the penalty.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the statutes of a reply to inquiries, such as photographs, on-site images CDs, criminal history, etc. by cutting off on-site images;

1. Relevant legal provisions of the Criminal Act and Article 136(1) of the Criminal Act regarding the crime, the selection of fines (in consideration of the fact that the crime is recognized and reflected, the fact that there is no past record of suspended execution or higher, the degree of violence committed, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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