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(영문) 인천지방법원 2018.02.21 2017고단9197
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

1. On November 18, 2017, at around 18:55, the Defendant obstructed the performance of official duties, at the front of the “D” food, located in the Namdong-gu Incheon Metropolitan City, Incheon, by receiving a report from 112 that the Defendant was frighting in the above restaurant, and prevented the Defendant from re-entering the Defendant into the above restaurant, and assaulting the said G’s shoulder at his hand at one time at the right side side of the said F with three pushed-down and the hand room.

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

2. The Defendant, at the same time and place as paragraph 1, prevents the victim F and G from entering the restaurant as described in paragraph 1 at the same time and place as described in paragraph 1, while complying with several names, such as the restaurant proprietor H and employees I as described in paragraph 1, the Defendant: “I will remove the victim from his arms, name, to see, to see, to see, to see, to see, to see, to see, to see, to see, to see,” and to see, to me;

The victims were openly insultingd by speaking in a large sound, such as the "C".

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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.

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

The defendant has been punished only once by a fine.

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