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(영문) 인천지방법원 2018.10.24 2018고단6423
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On September 1, 2018, the Defendant reported to the Seo-gu Incheon, Seo-gu Office of Police Station C District, which was a police official belonging to the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu Police Station C District, and was under the influence of alcohol and received a notice of unauthorized crossing and donterization from the police officer belonging to the Seo-gu, Incheon, Seo-gu Police Station C District, and sent the above D's arms, thereby shouldering the body of the above D's hand, and met the above D's legs by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on photographs damaged by damaged police officers;

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 crime of obstructing the execution of official duties on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a crime that undermines the function of the State by nullifyinging legitimate exercise of public authority, and thus requires punishment corresponding thereto in order to establish national legal order and eradicate the light of the public authority. Meanwhile, the Defendant recognized the instant crime and reflects his mistake, and there is no record of criminal punishment other than being sentenced to a fine of KRW 300,000 as a crime of assault around January 208, the Defendant’s age, sex and behavior, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the crime, etc. shall be determined by comprehensively taking into account the following factors.

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