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(영문) 인천지방법원 2017.09.13 2017고단5152
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 2, 2017, around 04:30 on July 2, 2017, the Defendant used a police officer D (25 years old) belonging to the Namdong Police Station of Incheon Namdong Police Station, who was called up after receiving a report from 112 that “I will not sleep in the taxi” in front of the C District Group located in the Namdong-gu Incheon Metropolitan City, Incheon, and was able to shoulder the Defendant and return home after calculating the taxi fee.

짭새 새끼들” 이라고 욕설을 하며 위 택시 문을 발로 걷어차고, 계속하여 주먹으로 경찰관을 때릴 듯이 시늉하다가 발로 위 경찰관의 배 부위를 1회 걷어차는 등 폭행하여 경찰관의 112 신고 사건처리에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to photographs taken for violence;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334(1) of the Criminal Procedure Act provides that the criminal liability for the crime of this case that interferes with the performance of official duties by assaulting a police officer with the reason for sentencing of the punishment of the provisional payment order shall not be less than that of the crime of this case, but it shall be sentenced to a fine as ordered by the defendant in consideration of the fact that the defendant recognized the mistake and reflects, and that there is no record of punishment for the same crime

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