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(영문) 인천지방법원 2017.04.14 2017고단1230
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On December 30, 2016, the Defendant interfered with the performance of official duties, around 00:58, and around 00:58, the Defendant obstructed the police officer’s legitimate performance of duties on the protection of the crew and prevention of accidents, maintenance of traffic order, etc. by assaulting D, by assaulting D, such as the flaging of the left part of the said D, and the protection of the crew and the prevention of accidents, and maintenance of traffic order.

2. On December 30, 2016, the Defendant violated the Punishment of Minor Offenses Act, from around 02:06 to around 02:50, the Defendants were forced or scamed by very rough words and actions at government offices, such as, under the influence of alcohol at the office of the criminal duty team office of the Yeonsu-gu Police Station in Yeonsu-gu, Incheon, the Defendant 138 Police Station’s criminal duty team.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each photograph (damage photographs, booms, CCTVs, and cell phone images);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the selection of fines), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the revocation of official duties, and the selection of fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the amount is aggregated) shall be aggravated for concurrent crimes;

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

1. In light of the contents of assault against police officers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and the disturbance at police stations, the punishment of fines shall be imposed by taking into account the following: (a) although the nature of the offense is not good; (b) the initial offense was committed; and (c) the initial offense was committed; and (d) the degree of the offense committed by police officers is determined by taking into account the type of force exercised by police officers and the degree of the offense committed by police stations.

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