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(영문) 인천지방법원 2018.10.10 2018고단5757
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

On July 2, 2018, the Defendant reported on July 2, 2018, 01:35, in front of the Seo-gu Incheon Special Metropolitan City B building, “A man (Defendant) is about to see a male-child with a view to getting out of the scene after the first warning and soliciting the Defendant to voluntarily return home, the Defendant obstructed the operation of the open patrol vehicle for about five minutes without a clear reason, and subsequently, without any justifiable reason, the Defendant dice D, working in front of the Seo-gu Incheon Special Metropolitan City, with a view to getting out of the scene of the patrol vehicle after having been called out after having received a 112 report, such as “a male-child who gets out of the drinking (Defendant)”, and assaulted the Defendant with his hand, such as a knifeing a flab with D’s escape.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record of punishment other than punishment for the defendant who has already been punished once by a fine.

Unfavorable circumstances: The act of obstructing the police officer's performance of official duties is likely to hinder the exercise of public authority, so heavy punishment is needed.

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