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(영문) 인천지방법원 2017.03.30 2016고단9087
공무집행방해
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

On September 2, 2016, at around 22:51, the Defendants reported that the Defendants left the ship in front of D Eart in the Namdong-gu Incheon Metropolitan City, Incheon, by drinking alcohol and a large sound, 112 and reported that they had “slicking and slicking report” from G officers of the Namdong Police Station E affiliated with the Namdong Police Station of Incheon, which was called out.

B. Defendant A: (a) on the ground that the word “I” was written, i.e., “I.D. I. F. F. F. F. F. “I. E. E.W. I. E.W. E.W.”

“As you see, as you see their hands, assaulted F’s chests, such as tightly f’s chests and f’s chests and f’s arms, and Defendant B used G’s arms, and f’s body was strongly sealed.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. Investigation reports (DMat Business Crime Investigation), notification of results of business cooperation, and application of Acts and subordinate statutes to investigation reports (the counter investigation of reporters).

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Selection of an alternative fine for punishment;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants’ grounds for sentencing of Article 334(1) of the Criminal Procedure Act are both recognized and against each other.

It is a contingent crime.

Defendant

A has no record of crime, and Defendant B has been sentenced to two times of a fine, but is prior to 30 years of a fine.

In addition, the conditions of sentencing, such as the age, sex, property status, and family relationship of the Defendants, shall be equally considered in determining the punishment as ordered.

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