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(영문) 인천지방법원 부천지원 2018.06.01 2018고단795
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 1, 2018, the Defendant: (a) from a police officer F to a police officer belonging to the Seocheon-si Police Station Ethon, the Defendant sent to Korea upon receipt of a report by 112 from the Defendant, who was the Defendant to another customer and the time of his/her transfer on April 1, 2018 at the D station located in Seocheon-si, Seocheon-si; (b) “The same applies to the withdrawal of alcohol.”

D. At the same time, 119 first-aid service request is asked, i.e., " how to go to her, Isra.", and i.e., "I am to go to her, I am.", and am to go to the above F, I am to go to her face one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of reference witnesses of G;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 that is favorable to the defendant (the fact that the defendant recognized the crime of this case and there is no record of punishment for the same kind of crime), the unfavorable circumstances (the fact that the nature of the crime is not good by exercising violence against a police officer who is performing legitimate duties after being dispatched to the police after being so notified by the defendant under the influence of alcohol, and the attitude of the defendant was bad after being arrested), and other factors, including the defendant's age, sexual conduct, method of crime, and circumstances before and after the crime, etc., shall be determined by comprehensively taking into account all the factors, such as the sentencing conditions specified in the records and arguments of this case.

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