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(영문) 인천지방법원 2015.04.09 2015고단483
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On January 2, 2015, the Defendant, at around 23:20 on the street in front of the Namdong-gu Incheon Metropolitan City, and at around 112, the Defendant: (a) taken a guard unit of the 112 patrol (No. 52) of the Incheon Southern-dong Police Station dispatched after receiving a 112 report; and (b) taken up on the roof of the vehicle.

After getting off, the head of the police station flicked the flick, which flickly flicked the flick, to flicked the flick, which flicked the chest E of the Incheonnam Police Station D District Assistant E, and flicked the flicked to the same flicker who flicked the flick.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of crimes and the maintenance of public order.

2. On January 2, 2015, at around 23:30 on January 2, 2015, the Defendant publicly insultingd the victim F, who was the victim, by stating that “I am, I am, I am, I am, and I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, and I am.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment against F with heavier punishment);

1. Selection of each alternative fine for punishment;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows: (a) spits or spits the nature of the crime against police officers on the roof of patrol cars, such as spits or spits; (b) diagnosis and treatment was conducted from a psychiatrist on January 7, 2015 as “abundative disorder”; and (c) such disease appears to have an impact on the instant crime.

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