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(영문) 인천지방법원 2016.10.19 2016고단5434

공무집행방해

Text

Defendant shall be punished by a fine of three 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 July 23:50, 2016, the Defendant was subject to the control on the ground that drinking is doubtful, such as stopping of the Defendant’s vehicle at a place other than the crosswalk at the crosswalk, stopping beyond the crosswalk stop line, and stopping beyond the crosswalk stop line on the red signal of the vehicle.

The Defendant set forth to E, etc., “I am off, I am off, I am off, I am off, I am off, I am off, and we am off,” and subsequently, the Defendant used E to go home to the Defendant because E was not a drinking-free place in the measurement of the drinking-freeness of the above substitute driving engineer, and used it as “I am a drinking-free time? I am a drinking-free day due to the width. I am the police. I am a drinking-free,” and assaulted two fingers by two hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning patrol of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on the closure of a Handphone photograph;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are not against the duty of the defendant obstructing the performance of official duties by police officers wearing uniforms. However, the punishment like the order shall be imposed in consideration of the form of assault, the defendant's recognition of and reflects on the crime, and the fact that the defendant has no power of obstructing the performance of official duties.