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(영문) 인천지방법원 2016.10.07 2016고단5314
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 July 17, 2016, at around 11:15, the Defendant sent a stop signal on the ground that the Defendant did not wear safety belts to the border G belonging to the Seoul Southern Police Station F of the Incheon Southern Police Station, which was engaged in traffic control service on the front side of the road located in Nam-gu Incheon Metropolitan City, but neglected this, the Defendant’s HNS car was driven at a volume of 300 meters by driving the Defendant’s HNS car at a volume of 300 meters and stopped before the same SKY apartment 114.

After getting down from a car and confirming the circumstances of the case, the Defendant committed assaulted by G at one time on the left-hand son of G due to a wall, which was cited in a knife G with sound to confirm the situation of the case.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and traffic control.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes governing suspect vehicles and field photographs;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As for the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, the following should be taken into account: (a) the nature of the Defendant’s act of obstructing performance of official duties and the criminal intent of the Defendant is not good; (b) the fact that the Defendant acknowledges all of the crimes; (c) the degree of damage to the police officer who suffered damage is not large; and (d) the agreement stating the intent of not wanting to punish the victim of the victimized police officer, which was submitted to this court

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