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(영문) 인천지방법원 2018.05.31 2018고단2706
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 March 26, 2018, at around 02:55, the Defendant: (a) received a report of assault by the Defendant in front of “C cafeteria” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) received from the slope E belonging to the Donsan Police Station D District Unit of Incheon, which was called, and was asked questions about the circumstances from the Defendant, and (c) received from the Defendant’s friendship F and patrolman, the Defendant obstructed the Defendant’s performance of duties, who is a police official, by taking once again the Defendant’s friendship E, and obstructing the Defendant’s performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H and E;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Although the criminal liability of this case was not exceptionally applied to police officers who have worn the reason and uniform for the sentencing of Article 334(1) of the Criminal Procedure Act, the crime of this case was committed by abusing violence and obstructing official duties. However, it appears that the crime was committed at the time of the crime and the mistake was divided, it appears that it was a contingent crime, an investigation conducted by the police, and an attitude against the police officer, and that the police officer was subject to death.

The punishment shall be determined as ordered by a fine in consideration of the circumstances favorable to the defendant, such as the statement, the fact that there is no record of punishment exceeding the same criminal history or fine, and other circumstances such as the age, sex and environment of the defendant, the background of the crime, and the circumstances after the crime.

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