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(영문) 인천지방법원 2020.11.13 2020고단1514
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

On December 14, 2019, at around 21:45, the Defendant received a 112 report from the victim E (ma, South and 25 years old) who was under the influence of alcohol in front of the “C cafeteria” located in Incheon Strengthening Military Unit B, and received a request to inform him of his identification card and to inform him of his personal information.

The Defendant shall refuse to do so, and “as he knows that the head of the frack frack frack is about his personal information.”

3. Sheet mark mark mark mark, mark the victim's mark, mark mark mar the part which requires approximately two weeks of treatment to the victim.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases, and at the same time injured the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of photographing parts of the victim's injury;

1. Relevant Article 136(1) of the Criminal Act and Articles 257(1) of the Criminal Act (the point of obstructing performance of official duties) and Article 40 and Article 50 of the Criminal Act, the choice of a fine for negligence under Articles 136(1) of the same Act concerning criminal facts;

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

1. There is a high possibility of criticism in that the act of obstruction of the performance of normal performance of official duties, which is disadvantageous to the sentencing reason of Article 334(1) of the Criminal Procedure Act, may promote a light of the law and order and the public authority, and there is a need for strict punishment.

The defendant was injured by the victimized police officer, and the victimized police officer was punished for the defendant.

A favorable normal defendant recognized a mistake in an investigative agency.

An injury suffered by a damaged police officer is relatively minor.

There is no record of punishment except for the defendant's punishment of a fine of 300,000 won for the crime of assault around 208.

The age, character, conduct and environment of the defendant, motive, means and result of the crime, and the situation after the crime is committed.

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