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(영문) 인천지방법원 2017.10.18 2017고단5942
공무집행방해등
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

1. On June 25, 2017, at around 15:20, the Defendant, including public documents, issued a fine for negligence for violation of spirits to F vehicles illegally parked on the crosswalk in front of the “C” car page operated by the Defendant located in Jung-gu Incheon Metropolitan City, Jung-gu Office D and affiliated public officials of Jung-gu, Incheon, and E, who are public officials, at around the crosswalk, the Defendant, such as public documents, issued a fine for negligence to the above E, by mistake that the said vehicle is a vehicle of the Kable customer, and the said E exercises control over the said vehicle.

"..............." The notice of violation of spirits attached to the glass of the above vehicle has impaired its utility, such as tearing, etc., in a variety of sculptures.

2. The Defendant interfered with the performance of official duties, as described in paragraph 1 at the date, time, place, as described in paragraph 1, resisted the parking control, and, after tearing the notice of violation of alcoholic vehicles, sent to the above E “E”, sent off the hand on the side of the above E, and assaulted the upper half of the upper half of the said E by hand.

As a result, the defendant interfered with the legitimate execution of duties of parking control officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to tearers;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (the invalidation of documents for public use) concerning criminal facts, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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.

The favorable circumstances: there is no record that the defendant has been punished by the obstruction of the performance of official duties in the past.

Unfavorable circumstances: the defendant has been punished several times in the past.

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