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(영문) 인천지방법원 2017.06.07 2017고단2546
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 March 31, 2017, at around 22:30, the Defendant: (a) received a report from the Defendant that his business was obstructed on the front side of the “C” located in the Namdong-gu Incheon Metropolitan City, and (b) took the bath to the above E, who was requested to return home to E from a police officer belonging to the Seoul Southern Police Station D District of the Incheon Southern Police Station, who was called to the site, and assaulted the above E at one time with the right hand hand of the son who was continuously able to return home from the above E while indicating the dissatisfaction on the floor.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and prevention of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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.

There is no record of punishment for interference with the performance of official duties in the past.

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

Although the defendant was in the period of probation, he did not commit the crime in this case.

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