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(영문) 인천지방법원 2018.10.19 2018고단6449
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On August 31, 2018, at around 20:40, the Defendant was urged to go to the house from the police officer affiliated with the Incheon Michuhol Police Station C police box, which was dispatched after receiving a report 112, on the front side of the parking lot for the Bank of Korea located in the 24th road of the Incheon Michuhol-gu, Incheon, Mudong (Sandong). On August 31, 2018, the Defendant considered that he would go to the patrol car to go to the patrol car in order to make a telephone while under the influence of alcohol.

“Along with sound, assaulted by assaulting D’s right course at two times.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is an act of assaulting a child under the influence of alcohol and assaulting a police officer who called out after receiving a report by the defendant. In light of the circumstances of the crime, the degree of assault, etc., the nature of the crime is not weak in light of the circumstances of the crime and the degree of assault.

In order to establish the legal order, crimes that obstruct the legitimate performance of police officers' duties are recognized to require strict punishment.

However, the defendant led to the confession of the crime and reflects his mistake.

The Defendant has no record of criminal punishment prior to the instant case.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.

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