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(영문) 인천지방법원 부천지원 2017.03.17 2017고단169
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 26, 2016, the Defendant: (a) placed in the front of the “D” restaurant in Kimpo-si C, Kimpo-si on December 26, 2016; and (b) tried to enter the restaurant into the restaurant to be able to contain the nameless customers in the restaurant and to boom them.

112 reported to the effect that “a Si Haba Haba Haba Haba Haba,” and called out, received a slope F from the police box affiliated with the police box of the Kimpo Police Station and the police box G, and received a need for a slope F, etc. on his head’s top.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties related to 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A H statement;

1. An identification card, a service log for a police box, and a list of cases reported under 112;

1. Application of photographs of victimized police officers and photographs of suspects;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant exercised violence against police officers who perform legitimate official duties. Circumstances favorable to the nature of the crime: The defendant recognized the crime of this case and reflects it; the defendant's speech was an opportunity to commit the crime of this case; there was no record of criminal punishment; and the degree of interference with official duties due to the assault of this case, etc. shall be determined by taking full account of the circumstances under Article 51 of the Criminal Act.

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