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(영문) 인천지방법원 2017.01.25 2016고단8346
공무집행방해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 5, 2016, the Defendant, around 18:27, around the Dong-gu Incheon Metropolitan City, put in place place orders and put in place orders in the children’s park near the apartment complex located in 187, in order to put in place orders and put in place orders, and put in place the drinking c (27 c (27 c) for the police box B of the Incheon Central Police Station B (the Defendant).

“” was dispatched to the site upon receipt of a report of 112 content.

1. 피고인은 같은 날 18:50 경 만석 비치 타운 아파트 정문에서, C이 피고인을 가족에게 데려다주기 위해 그곳까지 순찰차에 태워 이동시켜 준 다음 피고인에게 하차할 것을 권유하자, 하차를 거부하면서 “ 내가 뭘 잘못 했냐,

The instant C’s reargument was assaulted by flaging the sound “A.” and flaging twice the reargument.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers related to the handling of 112 reported cases concerning public peace and order.

2. At around 19:00 on the same day, the Defendant: (a) was arrested as a current offender after being notified of the suspicion of interference with the performance of official duties in the foregoing case; and (b) recommended the Defendant to leave the vehicle to the patrol patrol box; (c) was refused to leave the vehicle; and (d) assaulted twice the face of the above C by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (Selection of penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The degree of assault by the defendant, the degree of damage by the victim, etc. on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment.

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