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(영문) 인천지방법원 2016.05.26 2016고단732
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 3, 2016, the Defendant, at around 23:00, received a report from the Namdong-gu B, Incheon, and the third floor C Singsing room 1, and obstructed the Defendant from entering a singing room by stating that “A, who is a police officer, shall prove and order him/her to be a police officer,” and preventing him/her from entering the singing room. The Defendant explained the purport of the crackdown, and described him/her inside and prevented him/her from entering the singing room. The Defendant, at around 23:0, 201, stated that he/she was a police officer, and stated that he/she was “

This refers to the "Woo", and it interfered with legitimate execution of duties of police officers concerning the control of crimes, such as assaulting a police officer by breaking a horse E's face towards the face of the horse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation ( initial investigation, etc.);

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Not applying the sentencing criteria: Selection of a fine;

2. Although it is necessary to strictly punish a police officer who performs a decision-making process on a sentence of punishment, the fact that the defendant recognized his/her mistake and reflects his/her act, and that there is no particular criminal history other than punishment once by a fine in 197, etc. shall be taken into consideration in favorable circumstances, and the punishment as ordered shall be determined by taking into account all other factors such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime.

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