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(영문) 인천지방법원 2018.01.19 2017고단7827
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 19, 2017, at around 05:16, the Defendant was urged to return home from F of the police box belonging to the Gyeyang Police Station E box of the Gyeyang Police Station called to the site after receiving a report that a drunk person fescing the fescat around the D week located in Gyeyang-gu Incheon, and was urged to return home from F of the police box belonging to the Gyeyang Police Station E box of the Gyeyang Police Station, but he did not hear the horse, and carried out the act such as opening the cell phone, tobacco, and money gathering on the roadside, he was tightly pushed back once by drinking the fscat, and then the chest part of the above F was pushed back one time by hand, while the G policeman who continued to put the Defendant on the fscat, and brought the chest part of the above G fscat at two times by hand.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the handling of 112 reporting duties by police officers.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to on-site photographs ( inside D main points);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment imposed on a person who has committed a crime with heavier punishment than that of a crime)

1. Selection of an alternative fine for punishment;

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act for the reason of sentencing of the order of provisional payment is a assault committed by a police officer, who, under the influence of alcohol, takes a bath to the Defendant who was frighting up his boom at home and recommended him to return home, and the nature of the crime is not good.

The Defendant stated in an investigative agency that the crime is not memory, but denied the facts charged on the first trial date that was in progress by this court, and presented an attitude inconsistent with other evidence, such as police officers’ statements, etc.

The defendant has a past record of criminal punishment four times, and is also subject to suspended execution once.

The purpose is to protect the national legal order and the functions of public authority.

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