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(영문) 인천지방법원 부천지원 2018.08.22 2018고단1351
공무집행방해
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

피고인은 2018. 5. 1. 04:50 경 부천시 C에 있는 ‘D ’에서 술에 취하여 술값이 부당 하다고 항의하던 중 112 신고를 받고 현장에 출동한 경기 부천 오정경찰서 E 지구대 소속 경찰관 경장 F가 술값 지급을 권유하자, F에게 “ 야 너는 뭔 데, 짭새새끼들은 이래서 안돼. ”라고 욕설을 하면서 삿대질을 하는 등 위협하고, 경찰관 순경 G이 이를 제지하자 손으로 G의 오른손을 1회 내리쳐 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by comprehensively taking into account the following circumstances and the conditions of sentencing as indicated in the records, such as the defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime.

- The act of obstructing the performance of official duties by using violence to a police officer dispatched for his own wrong mistake requires the nature of the crime as bad and strict punishment.

- On March 30, 2017, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) in the Incheon District Court’s Branch Branch, etc., and was sentenced to a suspended sentence of two years on April 7, 2017, which became final and conclusive on April 7, 2017, and was still under probation, and was

- However, it shows an attitude to recognize and reflect his mistake at the latest.

The purpose of alcohol-related treatment is to reveal the awareness of the intention to receive treatment related to alcohol drinking habit.

- The degree of violence is not very serious.

- The injured police officers seems to have been fluored.

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