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(영문) 인천지방법원 2017.06.16 2017고단2821
공무집행방해
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

On March 12, 2017, around 04:40 on March 12, 2017, the Defendant: (a) reported 112 as a matter of the Defendant’s assault against female employees and the Defendant’s demand for return of alcohol prices at the bar of the trade name “D,” which was located in Seo-gu Incheon, Seo-gu, Incheon; and (b) explained that the Defendant voluntarily accompanied the aforementioned zone would return alcohol prices to E, the circumstances leading up to which the said zone belongs, should be the owner of the said “D,” but did not return alcohol prices.

E took the bath of “Pesting Chewing of Police Officers,” and assaulted E by having his head snick, smelling E, pushing the Defendant’s body in his hand, snick, and partly cut back, and then E’s breast part of E’s breast part was pushed back, and then E was pushed back to a railway.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the investigation of reported case E 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the investigation report (1.12) and the Acts and subordinate statutes that cut CCTV images;

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. The criminal records of the sentencing of Article 334(1) of the Criminal Procedure Act have no record of crime exceeding the same criminal records or fine for the same reason (in 2007, there is no record of punishment other than the punishment of a fine of KRW 700,000 due to the crime of injury in 207, and a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2015). It is recognized that the crime is committed and against the punishment of a fine. However, the amount of the fine shall be determined by comprehensively taking into account all the factors of the sentencing revealed in the instant case, including the degree and form of force and behavior exercised by the police during the instant crime, the background and motive leading to the crime, and the circumstances after the crime.

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