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(영문) 인천지방법원 2017.03.29 2017고단788
공무집행방해
Text

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

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

Reasons

Punishment of the crime

피고인은 2017. 1. 12. 22:40 경 인천 남동구 호구 포로 209, 호구 포 역( 논현동) 앞길에서, 피고인이 술에 취해 택시에서 내리지 않는다는 내용의 112 신고를 받고 현장에 출동한 인천 남동경찰서 B 파출소 소속 경사 C(37 세 )으로부터 택시비를 지급하고 귀가하라는 권유를 받자, C에게 “ 야, 니가 뭔 데 짭새새끼야. 씹새끼들 아, 니 애 미한테 나 택시비 계 산하라고 해라.

Sicks galk, gal.

“A spiting, spiting, etc. “C” with the face of C twice, or with the face of C once, the spiting of spits, etc.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the maintenance of public peace and order related to the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The Defendant appears to have committed the instant crime by drinking at the time.

The defendant was the first offender and the defendant made efforts to recover damage, such as making deposits for C.

Unfavorable circumstances: It is necessary to severely punish police officers in order to enhance their trust in national public authority with respect to their acts of obstructing the performance of public duties.

In particular, the act of spitation against police officers is not good because it causes police officers to bear a serious insult.

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