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(영문) 인천지방법원 2019.08.21 2019고단3971
공무집행방해등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 22, 2019, at around 22:00, the Defendant reported 112 at the front of the "C" located in the Namdong-gu Incheon Metropolitan City, the victim E, who was a policeman belonging to the Dong-dong Police Station D District District, called the Defendant, "Woo Mak Mak Mak Mak Mak Mak Mak Mak Mak Mak Mak Mak Mak Mak Mak, who called the Defendant."

As a result, the Defendant assaulted police officers to interfere with police officers' 112 report processing and legitimate execution of duties concerning crime prevention, and at the same time inflicted bodily injury on the victims such as the overall parts of the personal road that require approximately 14 days medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is not that of the obstruction of performance of official duties, but that of the injury did not have been recovered.

However, it seems that the defendant committed a contingent crime in a very interesting state while drunk, such as provoking, and trying to mar the lane, etc., and the degree of injury is relatively excessive.

The defendant is a primary offender, is performing the workplace life in good faith while serving as a bread shed, and is against the confession while committing the crime.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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