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(영문) 인천지방법원 2018.05.18 2017고단8513
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On September 18, 2017, around 13:25, the Defendant’s insultd the Defendant at the front corridor of the 301 Dong, Nam-gu Incheon Incheon Detention House No. 301-dong, 301, demanding the Defendant to be well informed of the fact that the accommodation employee does not share the goods purchased in the detention house, and that the correctional official under the jurisdiction of the detention center, who demands the Defendant to be well informed of the fact that the said employee does not take part in the goods purchased in the detention house, shall not be able to say that the correctional official under the jurisdiction of the above detention center, who

In a large sense, the victim openly insultingd the victim, such as “humd”, etc.

2. On September 18, 2017, at around 13:25, the Defendant obstructed the performance of official duties, at the front corridor of the 301 Dong Dong Dong-gu Incheon Nam-gu Incheon Detention House No. 301, Dong-gu, Incheon, and D public officials affiliated with the same detention center, who observed the Defendant’s bath to the above C, used the Defendant to restrain the Defendant from doing so, and used the same correctional public officials D, who were affiliated with the same detention center, to take the counseling room into a counseling room, at one time the left-hand son of the above D, on the floor of the

As a result, the defendant interfered with legitimate execution of duties concerning the maintenance of correctional order of correctional public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint is filed in a case involving a complaint filed by the competent public judicial police officer in each particular protocol with respect to C and D. A complaint is filed not only in writing but also in written form with an intent to report a criminal fact to an investigative agency and seek punishment for a criminal. A public prosecutor or a judicial police officer who has received an oral complaint shall prepare a protocol, but it does not require an independent protocol. In a case where an investigative agency examines a person who has the right to file a complaint as a witness or a victim, the complaint is lawful if the statement contains an expression of intent to demand punishment for the criminal offender, and the declaration of intent is recorded in the protocol (see Supreme Court Decision 2011Do451, Jun. 24, 2011).

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the selection of fines, respectively, for the crime;

1. The aggravated Criminal Act for concurrent crimes.

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