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(영문) 인천지방법원 2016.12.21 2016고단7530
공무집행방해등
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. The Defendant who damaged property is driving under the influence of alcohol in the Incheon Southern Police Station B district of the Incheon Southern Police Station, which is located in Yongsan-ro 24, Namdong-gu, Incheon around 02:0 on September 18, 2016.

임의동행된 사실에 불만을 품고 지구대 경찰관들에게 "야 이 또라이 새끼들아, 저깟 새끼들이 경찰이야 이 씨발 새끼들아 니 좆이나 빨고 살아라."라고 욕설을 하면서 지구대 내에 비치되어 있던 B지구대에서 관리하는 시가 약 10만 원 상당의 화분 2개를 깨뜨려 손괴하였다.

2. At around 06:00 on September 18, 2016, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of 112 reported cases by having received 112 report that “Neging the disturbance without any drinking value” in front of D convenience stores located in Nam-gu Incheon Metropolitan City, Namdong Police Station E-gu, Incheon, and recommended the police officer belonging to the Dong Police Station E-gu, Incheon, and called to the site to return home, thereby leading the police officer, who is a police officer belonging to the said district, to go to the slopeF, and walked twice in knee and walked twice, thereby obstructing the police officer from performing his/her duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Application of statutes on photographs of damage;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for crimes;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. A fine like the disposition shall be imposed by taking into account the following factors: (a) the Defendant recognized a mistake by the police and found police officers; (b) the Defendant compensated for the damage to property (written confirmation submitted on December 13, 2016); and (c) the Defendant’s primary offender with no power.

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