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(영문) 인천지방법원 2017.07.12 2017고단2794
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 14, 2017, the Defendant: (a) around 07:30 on April 14, 2017, the police officer of the Jung-gu Incheon Jung-gu Police Station D police box affiliated with the Jung-gu Incheon, Jung-gu, Incheon, which received a 112 report and continuously recommended the Defendant to pay the taxi fee and return home; (b) however, the Defendant issued a penalty payment notification on the ground of the non-paid vehicle; (c) the Defendant embling the notification and assaulted the Defendant on the face of the above E.

As a result, the defendant assaulted police officers E, thereby obstructing police officers from performing their legitimate duties concerning handling reports.

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.

Unfavorable circumstances: The defendant has previously been punished by imprisonment without prison labor or heavier punishment.

It is necessary to strictly punish police officers with regard to their acts that interfere with the performance of official duties.

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