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(영문) 인천지방법원 2018.09.12 2018고단5111
공무집행방해등
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

1. The Defendant interfered with the performance of official duties on May 31, 2018, at the 6nd direction of 195-1, 2018, on the Seo-ro, Seo-gu, Incheon, Seo-ro, 284, 75-1, and “Is the opian sound under the influence of alcohol” too.

Upon receipt of the report of 112 "," and dispatched to the site, D police officers of the Incheon Western Police Station C District Police Station, who tried to control the defendant, and assaulted the victim's chests on two occasions with his own right to the right of the defendant.

Accordingly, the Defendant interfered with the legitimate performance of police officers' duties on the prevention of crimes, maintenance of public peace and order, and receipt and handling of reports 112.

2. The Defendant, at the time and place indicated in paragraph 1, was requested by E to present an identification card by the victim, and the Defendant expressed, “A public official of the same friend friend friend friend friend friend, friend friend friend friend friend friend friend friend friend friend friend friend, friend friend friend friend friend friend, friend friend friend friend friend f

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act that prevents the performance of official duties and select punishment for the crime (the point of obstructing the performance of official duties and select fines), and Article 311 of the Criminal Act (the point of insult and select of fines);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the maximum amount of each crime above the punishment determined for the crime of obstructing the execution of official duties with the largest punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The police officers dispatched after receiving a report on the disturbance of drinking alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and obstructed the performance of official duties.

However, the interference with the execution of official duties is minor because of the two times the chest of D's chest to be sold to police officers, and the degree of the assault is arrested as an offender of the crime of interference with the performance of official duties, and additional assault or intimidation is added.

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