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(영문) 인천지방법원 2013.06.04 2013고단2154
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and a fine of 100,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 10, 2013, the Defendant violated the Punishment of Minor Offenses Act: (a) around 12:13, 2013, around the same day from the south-gu Incheon Nam-gu B, to the front day of D High Schools located in C at around 13:03 on the same day; (b) the Defendant avoided the disturbance, such as “B,” and conveyed it to another person without good cause at a place where many people gather.

2. 공무집행방해 피고인은 같은 날 13:03경 위 D고등학교 앞길에서 피고인이 소란을 피운다는 신고를 받고 출동한 인천남부경찰서 E파출소 소속 경위 F이 피고인의 인적사항을 물어본다는 이유로 F의 허벅지를 2회 걷어찼다.

As a result, the defendant interfered with the legitimate execution of duties of police officers for crime prevention and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), and Article 3(1)20 of the Punishment of Minor Offenses Act (the point of disturbing sound addresses and the choice of fines);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution under Article 62 (1) and (2) of the Criminal Act (see, e.g., the confession of a person committing a crime, the fact that there is no criminal record exceeding the fine, the degree of damage is relatively insignificant);

1. To prevent recidivism in consideration of criminal records, etc. under Article 62-2 of the Criminal Act on Probation;

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

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