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(영문) 인천지방법원 2018.10.01 2018고단5364
공무집행방해
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On June 13, 2018, at around 22:30, the Defendant took a dangerous act, such as taking dangerous measures to protect the Defendant’s family members by, for example, having been under the influence of drinking in front of the old 78 “former Ro-ro 13, Nam-gu, Incheon, Nam-gu, Incheon.” After having received 112 reports, the Defendant carried out dangerous actions, such as: (a) the police officers affiliated with the Seoul Southern-dong Police Station B of the Incheon Southern-dong Police Station, and (b) the police officers called “Swelf son”; and (c) the police officers barring such action, she took a bath at one time, and she took a walk of the labbbbbbbs, and walked the labs of D's labs, who tried to restrain it, and (d) the police officers walked with the labbs and buck labs.

Accordingly, the defendant interfered with the legitimate performance of official duties of police officers in relation to the 112 reporting processing duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D and C;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. The degree of assault against police officers on the grounds of sentencing Article 334(1) of the Criminal Procedure Act, which requires a provisional payment order, shall not be shorter than that of the said Act;

However, the defendant seems to have committed a crime in a state where normal judgment is difficult, and reflects the mistake.

The defendant is the first offender.

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

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