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(영문) 인천지방법원 2018.04.18 2018고단575
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On December 29, 2017, at around 05:30 on December 29, 2017, the Defendant received a report of 112, such as the sofacing disturbance in the influence of alcohol in the presence of Nam-gu Incheon Metropolitan City C, and received a request from the police officer belonging to the Incheon Diplomatic Team to return home on several occasions, the Defendant obstructed a police officer’s legitimate performance of duties concerning the police officer’s 112 report site dispatch and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to internal investigation reports, 112 processing marks of reported cases, and investigation reports (Handphone photographing images);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334(1) of the Criminal Procedure Act provides that a crime of interference with the execution of official duties by reason of sentencing requires strict punishment for a crime detrimental to the State’s function by nullifying a legitimate exercise of public authority. However, considering the circumstances favorable to the defendant, such as the defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the crime, etc., where the defendant first committed the instant crime and reflects his mistake, and some of the money was deposited as compensation as a victim by the damaged police officer, the fact that he/she deposited the money as the victim’s name is favorable to the defendant. In addition, the sentence like the order shall be determined by comprehensively taking into account the following factors:

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