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(영문) 인천지방법원 2018.05.31 2018고단927
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On December 9, 2017, the Defendant damaged the property by gathering 150,00 won of the market price owned by the victim E, who was on the part of the restaurant and received 112 report while drinking alcohol as in front of the D’s restaurant located in Bosa-si, Bosa-si, Bosa-si.

2. 공무집행 방해 피고인은 2017. 12. 9. 05:10 경 위 장소에서, 위와 같이 후배와 시비하여 112 신고를 받고 출동한 보령 경찰서 소속 경위 F으로부터 제지 받자 화가 나 F에게 “ 넌 뭐 여, 씹새끼야, 짭새 새끼는 꺼져 씨 발 놈 아 ”라고 욕설하며 손으로 F의 멱살을 잡아 수회 흔들어 폭행하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F, G, E, and H;

1. Application of statutes on site photographs;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the selection of fines for a crime;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) although the criminal liability for the crime of this case in which the Defendant, who was under the influence of alcohol, took a brut, fluoring a brut, fluoring a brut, and flading the brut while the Defendant was dissatisfied with it; (b) the responsibility for the crime of this case in which the Defendant used violence was committed; (c) it appears to be a contingent crime; (d) it appears that the Defendant’s mistake was divided; (e) the victim of the damage to property; (e) it appears to have agreed with the victim of the crime; (e) the police officer wanting to take the Defendant against the Defendant; and (e) it is an initial crime without the history of the crime; and (e) it appears in the records and arguments, such as the Defendant’s age, sex,

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