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(영문) 인천지방법원 2020.01.06 2019고단6436 (1)
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

B, around 22:50 on September 3, 2019, assaulted E in Incheon Gyeyang-gu, Incheon Gyeyang-gu, the wife of which was 112 reported by E, and attempted to assault E continuously after being called out by G and H, a police officer belonging to the F District Unit of the Incheon Gyeyang Police Station, G and H. This was cut off from G and H, and he was arrested by a flagrant offender from G and H.

As above, the Defendant was arrested as a flagrant offender B, and her body was pushed down by hand.

Accordingly, the defendant assaulted H, a police officer, and obstructed the police officer's legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol to G and H

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which prevents the defendant from having been arrested as a flagrant offender B and used violence against the police officer. The elements for an unfavorable sentencing, such as the fact that the nature of the crime is not good, and the elements for an favorable sentencing, such as the fact that the defendant has no record of criminal punishment for the same kind of crime, and other favorable factors such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., were taken into account.

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