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(영문) 인천지방법원 2017.06.07 2017고단1315
공무집행방해
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

On December 9, 2016, around 01:20 on December 9, 2016, the Defendant shouldered the glass of the building.

On the spot, the police officer E belonging to the Incheon Southern Police Station D District Unit, who was dispatched upon receipt of a report, tried to arrest the Defendant’s daily f, who broken the glass like the above report, and caused the above police officer’s shoulder by hand one time. The police officer refused to take the Defendant on board the patrol, and assaulted the above police officer’s face part on one occasion.

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 Acts and subordinate statutes of police statement protocol to E;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record of punishment other than punishment imposed once by a fine.

For the victim, 80,000 won was deposited.

Unfavorable circumstances: It is necessary to severely punish police officers in order to enhance their trust in national public authority with respect to their acts of obstructing the performance of public duties.

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