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(영문) 인천지방법원 2015.07.20 2015고단2917
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 01, 2015, at around 02:09, the Defendant: (a) performed an act, such as taking a bath at the “E” restaurant located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, and received a report of 112; and (b) demanded the Defendant to present an identification card to issue a notification to the relevant police officer of the F District of the Incheon Gyeyang Police Station, who was called out after receiving a report; (c) made a request for the presentation of an identification card; and (d) made an objection to the notification of

On the same day, at around 02:32, the Defendant: (a) was issued with a notification notification slip from G in the F District located in Gyeyang-gu Incheon Gyeyang-gu, and was solicited to return home to the Republic of Korea; (b) was opened by hand with the left shoulder shoulder rank of G; and (c) took a bath to “police bitch bitch bitch bitch, fch bitch bitch bitch,” and took a assault, such as cutting off the inside of G with his hand and cutting off the inside, thereby hindering the police officer’s legitimate performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the I Statement;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] The basic area (6 to 1 year and 4 months) of the 1st category of obstruction of performance of official duties [no person who has a special appearance] [decision of sentence] [the decision of sentence]] the sentence is determined as per the order after selecting a fine beyond the scope of the recommended sentence, taking into account all the following circumstances into consideration: The first one is the first one; the first one is the first one; the fact that one's mistake is recognized and reflects his mistake; the fact that the police officer excessive drinking on the day of the instant case results in the instant crime; and the fact that the crime is not good, such as obstructing the legitimate performance of duties concerning the handling of reported cases by the police officer: The defendant's ordinary attitude of life, family relation, etc.

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