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(영문) 인천지방법원 2018.09.12 2018고단5189
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 June 30, 2018, at around 19:10, the Defendant, in front of the Michuhol-gu Incheon Metropolitan City D, “E”, and the circumstances leading up to the police box belonging to the Incheon Michuhol-gu Police Station that the Defendant was under the influence of alcohol after receiving a report by 112, recommended the Defendant to have his/her returning home by shakinging the Defendant, and assaulting the head of the above G on one occasion.

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. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes governing the handling of internal investigation reports and 112 reported cases;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of the sentencing of Article 334(1) of the Criminal Procedure Act is that the police officer dispatched after receiving a report that the defendant is under the influence of alcohol recommended him to return home, and the crime is not exceptionally deemed to be committed in light of the circumstances of the crime, the degree of violence, etc.

In order to establish the legal order, crimes that obstruct the legitimate performance of police officers' duties are recognized to require strict punishment.

However, the defendant led to the confession of the crime and reflects his mistake.

Although the defendant has been subject to criminal punishment twice for violent crimes, all of them are relatively minor criminal convictions, it is relatively old and light in 199.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.

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