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(영문) 인천지방법원 2020.05.11 2020고단504
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 13, 2019, at around 02:35, the Defendant spited the victim’s face by taking the victim’s swayD belonging to the Michuhol-gu Seoul District Police Station C District District, Michuhol-gu, Incheon, on the ground that the victim did not come to his or her own talk, in the course of hearing the statement from the Defendant and the Defendant’s male-gu.

Accordingly, the defendant assaulted the victim and interfered with the police officer's legitimate execution of duties concerning handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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. Following the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions under Article 51 of the Criminal Act, and sentencing factors in sentencing guidelines shall be determined as per the order.

- The act of spiting a police officer's duty to assist the defendant, such as transporting the defendant to a hospital, and the act of spiting the defendant's face is very insulting.

- It is difficult to view that police officers do not fit for invasion and the degree of assault is serious.

- The crime was committed while being scambling, but it was found that the crime was recognized and not re-offending.

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