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(영문) 인천지방법원 부천지원 2018.01.26 2017고단3057
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 November 14, 2017, 01:20, the Defendant: (a) received a report from the Defendant to the effect that the Defendant interfered with the drinking house business by avoiding the disturbance; (b) reported that the Defendant was affiliated with the D District Team of the Seocheon-gu Police Station D, Seocheon-gu, Seoul; (c) the Defendant arrested the Defendant’s person’s first-hand G (request for summary order on the same day) on the back seat of the patrol; and (d) prevented the Defendant from departing from the patrol by opening the back seat of the said patrol vehicle and putting it on the back seat of the patrol vehicle; and (c) the Defendant prevented the Defendant from departing from the patrol by opening the back seat of the patrol vehicle and putting it on the back seat of the patrol vehicle.

"Abrupted a sound and brupted the body of F in both arms to prevent the patrol car from departing continuously, such as string off the body of F, and string off the string.

Accordingly, the defendant assaulted F police officer F and interfered with the legitimate execution of duties by police officer on 112 report processing and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, F, and E;

1. Place of work;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime is that the Defendant uses violence against police officers in the process of performing their legitimate duties, and such crime is not good.

However, considering various sentencing conditions as shown in the argument of this case, such as the first offender, the fact that the person committed the crime of this case and reflects the mistake, the degree of damage by police officers is relatively minor, and the person seems to have committed contingent crimes by drinking, etc., the punishment shall be determined like the order.

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