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(영문) 인천지방법원 2016.08.22 2016고단4535
공무집행방해
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On June 4, 2016, at around 06:10, the Defendant was demanded to go back to another place in front of the convenience store in Incheon, Seo-gu, Incheon, by a large voice, while avoiding disturbance. Upon receiving a report of the disturbance, the Defendant was demanded to go back to the police officer belonging to the Incheon Seo-gu Police Station D police station, who called out, to go back to the other place in front of the male house.

The Defendant, while under the influence of alcohol, is in the influence of alcohol, “in the Republic of Korea, even after the death in Seoul, is changed to her place, is bad.

Does there be no reason to see why

It is required to prevent “within the territory,” and E cannot escape from the jurisdiction, so it will be loaded up to the bus stop.

After the horses, the Defendant arrived at the near of the bus stops close to the place where the bus stops are to be unloaded, but without being unloaded, “I am to the house, so you do not so;

Does they need not to open to the police, to go to the police;

1. The term "salvement" means a bath, and E may be punished for a crime of insult or a crime of interference with the performance of public duties if he/she takes a bath without getting off from the continuously patrol vehicle.

Upon explanation, E, who is lowered from patrols, takes a bath, such as flabing, and spits, once on the part of E, thereby obstructing the legitimate execution of duties of police officers concerning the prevention and control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is not against a police officer who was dispatched by the defendant after receiving a report on his/her own under the influence of alcohol, such as spiting, etc., the punishment of fine like the order is imposed in consideration of the pattern of crime, the criminal defendant's recognition of the crime, the violation against the defendant, and the fact that the defendant did not have the same power and only has the history of fine.

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