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(영문) 인천지방법원 2017.12.22 2017고단8340
공무집행방해
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

around 01:40 on November 07, 2017, the Defendant: (a) received a report from the police officer F belonging to the Incheon Central Police Station E District in the Incheon Central Police Agency, to the effect that “D” on the first floor of “D” located in the Dong-gu Incheon Metropolitan City and left a large lux, etc., and subsequently, the Defendant got home from the police officer F of the Incheon Central Police Agency E District in order to use it as a fluor; and (b) fluordd the above police officer at two times by drinking the left hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

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. Article 334(1) of the Criminal Procedure Act provides that punishment of a fine shall be imposed by taking into account the circumstances favorable to the reasons for sentencing (the time of and against the commission of a crime, and the fact that there is no record of criminal punishment near the last ten years). The amount of fine shall be determined by comprehensively taking into account all the factors revealed in the instant case, such as the degree of type of conduct and behavior committed by a police officer during the course of the instant crime, the age of the defendant, sexual conduct, environment, circumstances leading to the commission of a crime, or motive (e.g., contingent crimes under drinking), and the circumstances after the commission of a crime.

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