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(영문) 대전지방법원 2020.10.23 2020고단3127

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 01:00 on March 26, 2020, the Defendant, while driving a taxi by a taxi engineer B, did not pay a taxi fee on the ground that he she was faced with head in the steering line while getting on a taxi and getting on a galking, and became into the zone located in Seo-gu, Seo-gu, Seoul with the above B.

On March 26, 2020, the Defendant: (a) around 01:53 on March 26, 2020, when the Defendant returned to the above B while the slope E belonging to the D District Unit of the Daejeon District Police Station, which called the Defendant to notify the Defendant of the penalty for a non-fluence lane while returning to the said B; (b) he gets off the said B, and (c) gets off the fluence, the Defendant used the fluence on the chest part of E by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the duties and handling of civil petitions by police officers in uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. B written statements;

1. Statement and image of each investigation report and documentary evidence attached thereto, and list of 112 reported cases;

1. Application of CCTV images to a CCTV photograph and video CDs, video files CDs, and the Acts and subordinate statutes governing CDs;

1. Relevant statutory provisions on criminal facts, Article 136(1) of the Criminal Act of the choice of punishment, the selection of fines (in light of the content of the crime in this case and the necessity of punishing the obstruction of performance of official duties, etc., the liability for the crime in this case is not easy, and there is a possibility of criticism in light of the history of the crime in violent crimes, but there is a possibility of criticism in depth, but there are some aspects to consider the circumstances of the crime in light of the possibility that the defendant was faced with his head in the taxi in fact, and there is a possibility that the defendant was faced with his head in the taxi, and there is little degree of consideration in the course of the crime; the extent of the exercise of force is minor; the victim police officers did not have any injury; deposited considerable money for the victim police officers; and

1. Article 70(1) of the Criminal Act for the detention of a workhouse.