Text
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. 2017. 8. 6. 경 공무집행 방해 피고인은 2017. 8. 6. 22:40 경 인천 동구 D에 있는, E 파출소에서 F에 대한 폭행으로 현행범 체포된 후 “ 내가 뭘 잘못했냐,
This dog son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s
E The police officer's legitimate execution of duties on the suppression of crime, investigation, etc. was obstructed by walking the clothes of G police officers who belong to the E police box one time.
2. Around August 27, 2017, the Defendant attempted to intrude upon a residence on the ground that around 00:30 on August 27, 2017, the victim F was not present at around 00:30 on August 27, 2017, and found a reading center located in Incheon Dong-gu, Incheon, where the victim’s residence, H apartment 15:406, which is the victim’s residence. However, the Defendant did not go through an attempt without being opened.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocol of the police statement related to G, and protocol of the police statement related to F (second time);
1. Application of the statutes governing video CDs that obstruct the performance of official duties;
1. Relevant legal provisions of the Criminal Act, Articles 136(1) (the point of obstructing the performance of official duties), 322, and 319(1) (the point of attempted intrusion upon residence) of the Criminal Act concerning the crime, the choice of fines, and the choice of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Based on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of this case, including the character, conduct, family relation, family environment, motive and means of a crime, and the circumstances after a crime, the sentence is determined as ordered.
1. Unfavorable normal Defendant assaulted a police officer in the course of performing official duties, and the degree of such assault is not somewhat weak.
2. A favorable normal defendant makes a confession of all crimes and reflects his/her mistake.
The defendant does not want the punishment against the defendant in agreement with the victim for attempted intrusion upon residence.
The defendant has no history of criminal punishment.
The prosecution shall be dismissed.