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(영문) 인천지방법원 2018.10.11 2018고단5981
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 19, 2018, at around 00:51, the Defendant: (a) changed the entry of the main food and tobacco, and (b) changed the success of the tobacco, and (c) changed the tobacco, in front of the restaurant C in Nam-gu Incheon Metropolitan City.

“A person in the vicinity” means a person who gives a bath to police officers E, etc. belonging to the Incheon Southern Police Station D District Branch of the Incheon Southern Police Station after receiving 112 reports, and “A person who is in the vicinity of the police station will be able to do so.”

“In the face of E in his/her hand, assaulted, such as when he/she takes the face of E.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers in the process of reporting 112.

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 Acts and subordinate statutes concerning police violence by police officers;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. A person who interferes with the execution of official duties for the reason of sentencing of Article 334(1) of the Criminal Procedure Act requires a strict punishment for the establishment of legal order and the protection of public authority.

However, the defendant recognized his mistake and reflected his mistake.

It is a contingent crime.

The degree of injury of a victim is minor.

There is no history of criminal punishment.

The punishment shall be determined as per the order by selecting a fine in consideration of the overall conditions of sentencing, such as the defendant's age, sex, family relationship, property status, etc.

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