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(영문) 인천지방법원 2018.09.12 2018고단5248
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 1, 2018, around 11:13, the Defendant: (a) received 112 report from D in front of the Namdong-gu Incheon Metropolitan City, stating that “Any young farcule farc is farcing a drunk to the store and farcing the drunk,” and sent out by the head F of the police station affiliated with the Incheon Southern Dong-dong Police Station E District would invite the Defendant to return home, and assault the Defendant’s right side eye on one occasion of the above F.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of police reports and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) committed violence by a police officer who leads the defendant to return home, after being called out by the defendant.

The degree of violence is not weak.

However, the defendant seems to have committed an contingent crime, and confession and reflects the crime.

In addition, one defendant is the first offender, and it seems that he lives faithfully while making contact.

In full view of the above circumstances, the fine shall be selected and the sentence shall be determined as ordered.

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