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(영문) 인천지방법원 2018.04.25 2018고단786
공무집행방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 12, 2017, the Defendant entered the convenience store in front of the “D” located in Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu, Incheon on December 22:20, 2017.

The Defendant, who was suffering from a disturbance due to the external change of the 112 line, committed assault, such as leaving the patrol car in front of the patrol car, preventing the progress of the patrol car, keeping the said F and G from being pushed off, and breaking it, even if he received a request from the patrol car by the police officer of the Incheon Samsan Police Station E District Police Station, the patrol officer, G, etc. who was called out after receiving a report.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Recognition of crimes, reports on internal investigation, and reports on criminal investigation;

1. Application of Acts and subordinate statutes concerning documentary evidence and field videos;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that a crime of interference with the execution of official duties for the reason of sentencing requires strict punishment for a crime detrimental to the State’s function by nullifying a legitimate exercise of public authority. However, the defendant has no record of being punished for the same kind of crime, and is against the crime in this case, the degree of tangible power exercised by the defendant is not relatively heavy, the victim police officers deposit some of the money as compensation for damage with the victim as the victim’s name. In addition, the defendant’s age, sex, behavior, environment, motive and circumstance of the crime in this case, means and method of the crime in this case, and circumstances after the crime, etc. shall be comprehensively taken into account, and the sentence like the order shall be determined.

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