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(영문) 인천지방법원 2015.01.22 2014고단8383
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 November 13, 2014, at around 22:24, the Defendant, in front of the emergency room in the Namdong-gu Incheon Metropolitan City C Hospital, was asked by the police officer D, who was dispatched by the Defendant, to ask questions about the situation of the occurrence of the incident from the police officer F of the E District, on the ground that the said F does not enter his own letter, and assault the victim’s shoulder part by drinking, with the Defendant being sealed once.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Application of the Acts and subordinate statutes on criminal place, investigation report, photographic photo taken on the bandon of the bandon, CCTV-cape photograph, and investigation report (CCTV)

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and

2. Determination of sentence: Assaulting a police officer in an emergency room on the ground that he/she does not promptly provide medical treatment to 60,000 won in the place of arrival at an emergency room, and assault a police officer in receipt of a report by a security guard, while he/she does not immediately provide medical treatment to 3 million won (or frigent circumstances), seriously reflects a fine of 3 million won, or there is no criminal record of the same kind and suspension of execution or above

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