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(영문) 인천지방법원 2015.09.17 2015고단4840
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. 공무집행방해 피고인은 2015. 8. 3. 00:40경 인천 남동구 B에 있는 ‘C편의점’ 앞 도로에서 112신고를 받고 현장에 출동한 인천남동경찰서 D지구대 소속 경찰관인 순경 E으로부터 귀가를 요청받자 "야, 씨발놈아, 아들뻘 되는 새끼가 좆 까고 있네, 이 양아치 경찰 같은 새끼들아, 내 지갑 찾아내 새끼야, 너 오늘 죽어볼래!"라고 욕설하며 주먹으로 위 경찰관 E의 머리 부위를 때리고, 발로 허벅지 부위를 때려 폭행하였다.

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

2. For the foregoing reasons, the Defendant was arrested as a flagrant offender for the crime of obstruction of performance of official duties, and was transferred to the office of the Criminal Party of the Incheon East-dong Police Station located in 668, Nam-gu, Incheon, Nam-dong, Incheon, and later, the Defendant sexually insulting the said victim on the spot where the civil petitioner F et al. was located. The Defendant expressed that the Defendant, the victim, “I am saves of the police box, saves of the police box, and there was no error in inside, but she tried to keep the police box down. I am saves of why I am saves. I am save.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of a fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. In light of the following circumstances, the degree of assault and intimidation exercised for the purpose of obstruction of performance of official duties by police officers who wear a uniform for the sentencing of Article 334(1) of the Criminal Procedure Act is relatively unfavorable: (a) the degree of assault and intimidation exercised for the purpose of obstruction of performance of official duties by police officers; and (b) the record of having been punished for obstruction of performance of official duties by 199.

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