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(영문) 인천지방법원 2016.07.19 2016고단3147
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

1. On April 24, 2016, at around 03:41, the Defendant assaulted the victim E ( South Korea, 18 years old) who works in the above restaurant at the “C” restaurant located in Gyeyang-gu Incheon Metropolitan City, using a large amount of sound and flaping of D and flap while working in the restaurant. The Defendant used the victim as “flap death and flaping” and used the victim as “flaping down the flap,” and used the victim as “flaping down the flap, flaping and drinking the flap of the victim.”

2. On April 24, 2016, at around 04:00, the Defendant interfered with the performance of official duties, at the front of the restaurant of “C” located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, the Defendant: (a) obstructed the Defendant; (b) obstructed the Defendant at the seat of the F District of the Incheon Gyeyang Police Station, who was dispatched to the site after receiving a report of 112 on the Defendant’s criminal facts; and (c) interfered with the Defendant’s performance of official duties, saying, “satisfing nearby the scene,” saying, “satisfing off the inside the site,” and said, “h and satfarefing off the drink of G, who was a police officer belonging to the same district group called the “satfing down,” and assaulted the Defendant with his chest and the shoulder part of his body, respectively.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, H, and I;

1. Written Statement;

1. Application of Acts and subordinate statutes governing the scene of damage;

1. Relevant Article 260(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of violence) concerning criminal facts, the choice of punishment, and Article 260 of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment include: (a) the recognition of and reflects on the crime by the Defendant; and (b) the fact that the Defendant has no record of imprisonment without prison labor or heavier punishment; and (c) the police officers who wear uniforms when obstructing the performance of official duties.

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