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(영문) 인천지방법원 2018.11.08 2018고단7175
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 17:10, 2018, at the main point operated by C in Seo-gu Incheon, Seo-gu, Incheon, the Defendant heard that he would pay the alcohol value from Ebes belonging to the Incheon Seo-gu Police Station Dridge, which was called to the above 112 report, because he did not pay the alcohol value.

Nevertheless, the Defendant attempted to leave the scene without paying the drinking value, and thereby sealed the Defendant’s chest by hand, and issued a notice of penalty payment to the Defendant for the violation of the Punishment of Minor Offenses Act (the Punishment of Minor Offenses Act) to the Defendant, the Defendant was faced with the Defendant’s driver’s license and the Defendant’s license.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Investigation report (F main statement C);

1. The application of Acts and subordinate statutes governing the tear of a notification by a suspected person;

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 punishment of the sentence of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”), although there are many criminal records for the reason of sentencing, there are no criminal records for the same kind of fine, the fact that the defendant is a reflective and contingent crime, the degree of violence that forms the means of interfering with the execution of official duties is minor, and other consideration of character

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