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(영문) 인천지방법원 2014.11.13 2014고단6827
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 2, 2014, at around 19:47, the Defendant was exposed to D guards belonging to the Incheon Southern Police Station C district unit of the Incheon Southern Police Station, and was voluntarily traveling to the Incheon Southern-dong Police Station C district of the Incheon Southern-gu, Incheon.

The Defendant spits or spits the floor on the ground that the aforementioned D circumstances in the above C District would be bad to receive a penalty payment notice due to unauthorized crossing from the said D, and again spits or spits from D circumstances that witnessed it, which were issued a penalty payment notice, as the act of spits or spits the victim’s face at one time.

Accordingly, the defendant interfered with legitimate execution of duties by police officers such as traffic control and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports, violence photographs, penalty payment notices, light crimes, CCTV photographs;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and

2. Determination of sentence: The obstruction of performance of official duties, such as serious reflects, minor damage, and no criminal record, which are imposed on a fine of one million and five hundred thousand won (contributed circumstances).

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