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(영문) 인천지방법원 2018.03.28 2017고단8434
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant insulting the victim E on October 5, 2017 at the F convenience point working for the victim E on the first floor of D underground located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu around October 5, 2017, on the ground that the victim did not respond properly to his/her questions, and that there are approximately six customers, including customers G, “Neine” to the victim.

Macinus “Surger”, “Crinus p.m. at p.m.;

The victim publicly insultingd the victim by openly referring to “fluor”, “I peep,” “Isus.”

2. On October 5, 2017, at around 21:40, the Defendant: (a) reported at around 112 before the F convenience stores as set forth in paragraph (1) of this Article; (b) the Defendant was asked to present an identification card from the head of the Yeonsu Police Station’s H District; and (c) the Defendant, “I do not have any error in internal matters; (d) the Defendant would have committed a crime for which he/she was discharged.”

"..................... was assaulted by the two descendants by smuggling of the above I.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to I and E;

1. CCTV images and photographs, and voice recording files;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, and the selection of fines for a crime;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a crime that prevents legitimate performance of official duties due to the following reasons: (a) the Defendant’s desire to the victim E without any justifiable reason; and (b) the police officer dispatched upon receipt of a report, etc.; (c) the nature of the crime is not negligible; (d) the victim and the police officer did not agree with or receive a letter from the victim; (e) the State’s legal order is established and the public authority is eradicated to eradicate the danger of public power.

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