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(영문) 인천지방법원 2017.07.05 2017고단3297
공무집행방해
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

On April 24, 2017, at around 22:22, the Defendant received a report from a taxi engineer who did not receive taxi expenses in front of the Nam-gu Incheon Metropolitan City B, and requested the Defendant to pay taxi expenses, but the Defendant failed to comply with the request and expressed that he would be subject to a disposition of penalty notice from D, she would be “Chewing cut, cut, cut, and broken down” to D, and assaulted the chest with the hand floor of 3 times.

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

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.

For the victim, 1.5 million won was deposited.

Unfavorable circumstances: The defendant has been punished several times with the previous fine.

It is necessary to severely punish police officers in order to enhance national confidence in the conduct of public duties.

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