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(영문) 인천지방법원 2017.07.12 2017고단2696
공무집행방해등
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

The Defendant, at around 20:00 on April 15, 2017, received a report on assault-related 112 before the Defendant’s house located in Dong-gu Incheon Metropolitan City, and received a request from D to confirm his personal information from the police officers belonging to the Incheon Central Police Station C District Police Station C of the Incheon Central Police Station to “I wish to kill and die this Chewing.”

"Abruting, fluoring a drinking, fluoring a defendant's head, and fluoring a D's chest, and fluoring the D's head, thereby obstructing the police officer's legitimate execution of duties concerning civil petition reporting duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record of punishment for interference with the performance of official duties in the past.

Unfavorable circumstances: The defendant has previously been punished by imprisonment without prison labor or heavier punishment.

It is necessary to strictly punish police officers with regard to their acts that interfere with the performance of official duties.

Rejection of Public Prosecution

1. Around April 15, 2017, the summary of the facts charged was assaulted by the Defendant, on the ground that the Defendant returned home at the Defendant’s house located in Dong-gu Incheon Metropolitan City, at the time of the Defendant’s home, at late time, the Victim E (Woo, 59 years of age).

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act;

B. On June 28, 2017, after the filing of the instant indictment, a written agreement stating the victim’s intention not to punish the victim was submitted to this court.

(c)

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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