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(영문) 인천지방법원 2019.06.27 2019고단1606
공무집행방해
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

On March 8, 2019, at around 00:20, the Defendant: (a) removed a paper A4 attached by hanging the inside wall of the elevator in the direction of the 5th floor of the Bupyeong-gu Incheon Bupyeong-gu B, Incheon, for the reason that the Defendant was detained in the elevator, was living in the elevator and was in the elevator as drinking, and was placed in the elevator, and was dispatched by the Defendant after receiving the report of 112, “in the elevator, it is confined in the elevator,” and refused to stop the check from the slope D belonging to the department of the Incheon Bupyeong-gu Police Station, which called “in the inside, it is the victim who was detained in the elevator, and it is not sufficient to do so.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the painting photographs used for committing the crime of the suspect;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. In light of the circumstances and methods of the crime committed by the police officers dispatched without any particular reason upon receiving a request for rescue from the defendant who was confined in an elevator for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, it is not good to commit the crime.

It is highly likely to criticize the defendant in that it is a crime of violence, obstruction of performance of official duties, damage to property, etc. and committed without being able to do so during the suspension period.

However, from the investigation process, the degree of the used type is relatively much important.

It is clear that there is a social ties and reflective relationship with the police officer, such as submitting a written application to the effect that the police officer is not subject to punishment against the defendant in this court, and also wanting the defendant's family members and branch members.

The defendant's age, character, character, environment, occupation, etc. shall be selected by taking into account the above favorable circumstances.

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