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(영문) 인천지방법원 2016.07.20 2016고단3791
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a two-year suspended sentence for a violation of official duties in the Incheon District Court on May 19, 2016, and the judgment became final and conclusive on May 27, 2016, and is currently under suspended sentence.

[Criminal facts]

1. Around June 18, 2016, when the Defendant was under the influence of alcohol in the corridor of the first floor of the building D in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, the Defendant: (a) under the circumstances where: (b) the Inspector F belonging to the Incheon Training Police Station E District, who was called upon 112 reported and sent, is a shoulder reporter G, the 119 first aid crew H, etc. of the said victim F in order to trace the body of the Defendant to have the Defendant returned home; and (c) the said victim F in the circumstances where: (a) the Defendant: (b) “A f is a frien son”; and (d) “A f is

“A police officer who is frienda, frienda, and frienda, 119 and is a superior.

Around 20 minutes of 20 minutes of Epargument, the victim publicly insultingd the victim.

2. The Defendant interfered with the performance of official duties was arrested from the above police officer as the current criminal of insult on the grounds of the same fact as Paragraph 1, at the time, at a place, and Paragraph 1, and the above police officer resisted to the Defendant’s body by causing the Defendant’s body and resisting the police officer’s body. On the left side of the Defendant, the Defendant was assaulted by: (a) walking over five times on the right side of the police officer’s body; (b) walking over the outer kne, standing kne, and kneing off the left side of the police officer’s face.

As a result, the defendant assaulted security F, thereby obstructing the police officer's legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each photograph;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Article 136(1) of the Criminal Act Article 311 of the same Act concerning the crime;

1. Selection of each selective fine for punishment (influence of alcohol and contingent crimes of this case, considering the fact that the defendant has committed the crimes in depth during the period of detention, deposit, etc.);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (within the maximum amount) shall apply to concurrent crimes.

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