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(영문) 인천지방법원 2017.08.24 2017고단4703
공무집행방해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On May 21, 2017, the Defendant: (a) was arrested by the background E belonging to the Yeonsu-gu Incheon training Police Station D District Team, which was dispatched after being reported as an acting driver and a pilot on the coast near the Yeonsu-gu Incheon Metropolitan City coast, and was born to the back seat of the patrol vehicle and moved to the Incheon Yeonsu-gu Police Station; (b) while the Defendant expressed a desire to “Ye-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-S

E’s her clock at one time and after E stops the vehicle, the vehicle shall be stopped and the head of the clock and the vehicle shall be opened.

“The face of E was taken one time from the patrol car without any reason, and the face of E was taken in drinking by drinking, and the F that continued to restrain it was tightly sealed to the floor, thereby obstructing police officers’ legitimate performance of official duties in relation to their on-site mobilization operations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, E, and F;

1. Photographs, 112 report;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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. The Defendant has the following disadvantageous elements for sentencing.

(a) The defendant has previously been punished for a crime of the same kind;

B. To the victimized police officers, each of the three and four weeks of medical treatment was inflicted on them.

2. However, in consideration of the following favorable sentencing factors and all such factors as the defendant's age, sex, environment, motive and means of the crime, result, etc. as shown in the argument of this case, a fine shall be sentenced only once, taking into account the following favorable sentencing factors:

A. The defendant has been under medical treatment due to a kidne cancer and continues to be under medical treatment due to urology.

(b) damage;

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