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(영문) 인천지방법원 2019.10.24 2019고단5610
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 June 9, 2019, the Defendant, at around 02:36, 2019, assaulted a police officer, including, but not limited to, the Defendant: (a) attempted to d’s hand, and attempted to d’s hand, when she received 112 a report from a police officer, and arrived at the same place, to stop the Defendant from doing so; and (b) obstructed the police officer’s lawful performance of duties concerning the handling of reports and crime prevention by a police officer, by assaulting D, including, but not limited to, a bit of a bitch bitch; (c) having d’s body, she pushed off D with the Defendant’s body; and (d) having interfered with the police officer’s 112 performance of duties concerning handling reports and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act, which prevents a police officer from performing his/her duties by breathing and using violence, under the influence of alcohol.

However, a fine shall be imposed in consideration of the following: (a) the Defendant appears to repent and reflect a mistake from the investigative agency; (b) immediately after the instant case, (c) the Defendant began to provide alcohol treatment by receiving psychological counseling; (d) the Defendant’s parents wanting to prevent recurrence through tending treatment and edification; (e) the Defendant’s parents want to take any punishment; and (e) the likelihood of improvement and future needs to be considered as the young age; and (e) other sentencing conditions shown in the records and arguments, such as the Defendant’s character and behavior, environment, background and form of the crime, and circumstances before and after the crime, etc. shall be determined as ordered by the disposition.

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