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(영문) 인천지방법원 2014.02.18 2013고정2498

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 May 28, 2013, at around 13:45, the Defendant was subject to the control on the ground that he violated the traffic signal and operated E-tax to the chief of the police station of the Incheon Bupyeong-gu Incheon Bupyeong Police Station, which was located in Seocheon-gu, Incheon, Bupyeong-gu, Incheon. On the ground that D was demanded to present a driver’s license, the Defendant committed an assault, such as driving around about 3 meters in the state of D’s seat with the seat of the taxi, and harming the status inquiry that was pushed down by D with two hand, thereby obstructing the Defendant’s legitimate performance of duties concerning traffic control.

Summary of Evidence

1. Each legal statement of witness D and F;

1. On-site photographs and black boxes image materials;

1. Application of Acts and subordinate statutes on reporting the use of police gear;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;