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(영문) 인천지방법원 2020.10.23 2020고단6013
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On July 2, 2020, at around 17:50, the Defendant continued to have been able to return home from the background D belonging to the Incheon Michuhol Police Station C District and E who was dispatched to the site after receiving a report from 112 to the effect that “the guests are satisfing in the bus stops at the front of the public parking lot in the Michuhol-gu Incheon Metropolitan City B market.”

The Defendant: (a) took a bath to return home from police officers who are likely to cause vision without any reason; (b) took a bath without any reason; (c) took a part of D’s life-sustaining part once; and (d) continuously took part in E’s face face twice by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in the handling of 112 reported cases, protection of people's life, body and property, prevention of crimes, suppression and investigation, etc.

Summary of Evidence

1. The defendant's statement E and the police statement of each police officer in D;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. There is a high possibility of criticism in that the act of obstruction of the performance of normal performance of official duties, which is disadvantageous to the sentencing reason of Article 334(1) of the Criminal Procedure Act, may promote a light of the law and order and the public authority, and there is a need for strict punishment.

The damaged police officers want to punish the defendant.

The defendant's mistake is recognized in favor of the favorable normal defendant.

The defendant is the age of 78 years and is the first offender who has no criminal power.

In addition, the punishment as ordered shall be determined in consideration of the conditions of sentencing specified in the pleadings of this case, such as the character, conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime.

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