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(영문) 인천지방법원 2017.05.12 2017고단1773
공무집행방해
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

On February 27, 2017, around 22:25, the Defendant: (a) stated in C’s main points located in Namdong-gu Incheon Metropolitan City, Seodong-gu B “A Smoking guest Smoking to another customer” at the C main points, upon receiving a report of 112, the Defendant used him to return home to the Defendant under the influence of alcohol by police officers E and F belonging to the Seodong Police Station of Incheon, Namdong-gu, Incheon, upon receiving a report of 112; and (b) stated the police officers

C. C. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. L. H. H. L. H. H. L. H. H. L. H. L. H. H. H. L. H. H. L. H. H. H. H

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the respective Acts and subordinate statutes of G and H

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 provides that all the elements of sentencing revealed in the instant case, including the fact that there is no record of the same kind of crime for the reason of sentencing of the provisional payment order, the fact that one's mistake is recognized and reflected, and circumstances leading to the crime, the degree and manner of the force exercised by the police officer, and the past record of different types of crime, shall be equally considered and determined as ordered.

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