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(영문) 인천지방법원 부천지원 2016.02.02 2015고단3301
공무집행방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 18, 2015, the Defendant returned the Defendant, who was arrested as a flagrant offender under the suspicion of violating the Punishment of Minor Offenses Act, on the front side of the Seocheon-gu Police Station C District of the Seocheon-gu Police Station C District of the Seocheon-gu Police Station, Seocheon-gu, Seoul, and assaulted the penalty payment notification at one time on the back side of the above D with his own right trade.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of a work site for the district (at night one team) and a notice of penalty payment;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements made by police officers D);

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. It is so decided as per Disposition by taking into account the following factors: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is inferior to the nature of the crime in this case; (b) it appears that the degree of damage to the victimized police officer is not significant; (c) the confession and reflect of the crime; and (d) the sentencing conditions under Article 51

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