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(영문) 인천지방법원 2014.01.22 2013고단7360
공무집행방해
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] On July 3, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Incheon District Court on July 3, 2009, and completed the execution of the above punishment on November 22, 2010.

【Criminal Facts】

On November 6, 2013, at around 01:10, the Defendant: (a) moved the victim D, who was a policeman belonging to the Samsan Police Station C District, which was dispatched after having received a traffic accident report from the NA, Bupyeong-gu, Incheon, Bupyeong-gu, 160, to verify the identity of the Defendant; (b) “Yansan Police Station C District,” which was called “Yan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan, Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan Zan,” and had a police official interfere with the legitimate performance of police official duties by taking advantage of the victim’s drinking frat and taking advantage of drinking frat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports by individuals, personal identification and confinement status, and application of statutes of one copy of judgment;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had been punished several times for the same kind of crime or violence crime, it is necessary to strictly punish him/her in that he/she again commits the instant crime during the period of repeated crime after release.

However, a fine shall be imposed in consideration of all the sentencing conditions, such as the defendant's age, environment, etc., as the defendant led to the confession of the crime of this case and the mistake is divided. The victim expressed his intention not to punish the defendant in the court's sentencing investigation.

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