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(영문) 인천지방법원 2018.01.25 2017고단7723
공무집행방해등
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 August 9, 2017, at around 00:10 on August 9, 2017, the Defendant received a 112 report from E located in Nam-gu Incheon Metropolitan City D and received a request for a presentation of an identification card from G, a police officer belonging to the Incheon Southern Police Station F District, who was dispatched to the site, for a presentation of an identification card; and

Scars, dead, and discarded in the police.

“Absing and taking a bath, and assaulting G’s face one time in drinking, and being taken as head.

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. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement of the police statement related to G;

1. A written statement of I and H;

1. A photograph of damage, a written opinion, and CCTV image closure data;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 requires strict punishment for obstructing the execution of official duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, such as: (a) a criminal defendant has been subject to punishment by an act of violence, etc. at least twice; and (b) a criminal defendant has actual results of injury to a victimized police officer.

However, considering the circumstances favorable to the defendant, such as the defendant's age, sexual conduct, environment, motive and means of the crime, result, etc., that the defendant committed the crime in this case and has a depth of his mistake, that the defendant did not have any criminal records of the same kind and imprisonment without prison labor or more, and that he deposited one million won for the victimized police officer, etc., the defendant is judged as ordered by taking into account all the sentencing factors shown in the arguments in this case, such as the defendant's age, sex, environment, motive and means

Rejection of Public Prosecution

1. The summary of the facts charged is that the Defendant, at around 00:10 on August 9, 2017, took mixed alcohol at the E main point located in Incheon Nam-gu.

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