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(영문) 인천지방법원 2014.10.02 2014고단5818
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 May 29, 2014, at around 05:06, the Defendant became aware of the fact that cash has been lost on the part of the Defendant, who was under the influence of alcohol prior to D convenience stores in the Namdong-gu Incheon Metropolitan City, and Ha, et al., who was under the influence of alcohol, became aware of the fact that the cash has been lost on the part of the Defendant.

The Defendant reported E, etc. as a larceny and reported to 112. He explained that he would repair the case while making a statement to G slope belonging to the Incheon Southern Police Station, which was called to the police station in receipt of the report to the police officer of the Incheon Southern Police Station, and the police officer of the police station in receipt of the report to the police officer, and told him that he would engage in the investigation by repair of the case. He stated that he “I will do so, I will see that I will do so,” and that he will do so to G assistant who restrains it, “I will do not spath, spath, and will spath off. I will spathly die. I will do so without fail.”

계속하여 피고인은 위와 같은 공무집행방해의 현행범인으로 체포되어 인천 남동구 I에 있는 F파출소에 연행되자 위 G 경사, H 순경에게 ‘죽여버린다. 계급장 떨어지게 한다, 깜방 갈 일 없다. 벌금 30만 원 나오겠지 많이 떨어져 봤자 100만 원 나오겠지, 목숨 걸고 두 사람 옷 벗기고 싶다, 파출소 직원 다 죽인다. 이게 무슨 경찰이야 씨발, 더러운 새끼들’이라고 욕설과 협박을 하였다.

Accordingly, the defendant interfered with the legitimate execution of duties on the police officer's 112 report and the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes to investigation reports (field situations, etc.);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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