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(영문) 인천지방법원 2019.09.05 2019고단4080
특수공무집행방해
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

[Criminal Power] On January 27, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny in Ansan District Court’s Ansan Branch on January 27, 2016, and completed the execution of the sentence in the Ganbuk Vocational Training Correctional Institution on October 2, 2016.

【Criminal Facts】

On June 2, 2019, at around 21:00, the Defendant received a report from the “Cju” located in the Namdong-gu Incheon Metropolitan City, and received a notification from the “Seoulnam Police Station D District Unit E,” and received an inquiry about the circumstances of the case.

Accordingly, while under the influence of alcohol, the Defendant got to the superintendent of the police station, "Sek", "Sek", and collected beer's disease, which is a dangerous thing that had been located therein, toward the face of the horse E.

Accordingly, the defendant, carrying dangerous objects and interfered with police officers' legitimate performance of their duties, who are engaged in 112 reporting management.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Application of Acts and subordinate statutes on the settlement of field photographs, shoulderer scopic photographs, and 112 reported cases;

1. Articles 144(1) and 136(1) of the Criminal Act and the choice of fines concerning the crime;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The instant crime was committed during the period of repeated crime.

There is a history of punishment several times with violence.

Damage police officers are punished.

The favorable circumstances: Recognizing the crime, it is against the law.

It is a crime that commits an accident by drinking.

There is no substantial damage inflicted on police officers due to the instant crime.

The section of repeated crime is nothing more than that of this case.

After the execution of punishment has been completed, the defendant has no record of being punished for another crime. Family members shall be supported.

In addition, the defendant's age, character and conduct, motive and background of the crime, means and result of the crime, circumstances after the crime, criminal records, etc., and all of the sentencing conditions stated in the proceedings and records.

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