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(영문) 의정부지방법원 2020.06.30 2019고단4041

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. At around 00:10 on May 7, 2019, the Defendant paid taxi charges to the police officers who called out after receiving 112 reports that the Defendant would not pay taxi charges. After the patrol lane, the Defendant driving away from the Gyeongdu Police Station C District D, which was back to the patrol lane, refers to “on the remaining day of Korea” and “on the remaining day of Korea,” and the Defendant knife the flaps of the said D, and calculated the knife of the knife of the Defendant with knife.

Accordingly, the Defendant interfered with the legitimate execution of duties related to the reporting processing of the above D D 112, a police official.

2. The Defendant violated the Punishment of Minor Offenses Act at around 00:05 on May 7, 2019, and the place indicated in paragraph (1) at around 00:05, and the police officers sent to E and dispatched under the influence of alcohol while working for the taxi engineer E and taxi fares.

In this respect, the defendant saw without permission on the side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to E written statements;

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act (the points of obstructing performance of official duties), Article 3(1)12 of the Punishment of Minor Offenses Act (the points of nanotechnology), and the choice of fines, respectively;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the maximum amount of both crimes shall be added up) for concurrent crimes with the punishment prescribed for the crime of obstruction of performance of official duties heavier than the punishment);

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment for the crime of obstruction of performance of official duties in order to establish the legal order of the country with reason for sentencing and eradicate the light of the public authority.

However, in consideration of the fact that the defendant is recognized as committing a crime and the defendant is punished once for a crime of double-class, and there is no record of punishment for the same crime, the punishment as the order shall be determined.