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(영문) 인천지방법원 2019.06.19 2019고단2508

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On October 12, 2018, the Defendant was sentenced to imprisonment with prison labor for six months for the crime of giving property in breach of trust in the Suwon District Court, and the judgment became final and conclusive on June 8, 2019.

At around 01:30 on March 27, 2019, the Defendant: (a) committed an assault, on the front side of the Namdong-gu Incheon Metropolitan City, such as Da, a taxi engineer, and Dokdong-gu, and Dokdong-gu, with the notification of 112 that “The Doknn, who was a taxi driver, had a lot of fees for calculating the taxi fee by the taxi card, has not been paid; and (b) he heard the word “the Don-si will return the cab and file a civil petition for the next viewing; and (c) by hand, assaulted the f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's b

As a result, the defendant interfered with the legitimate execution of duties of police officers in regard to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs of damage, investigation reports (taxis D) and detailed statement of 112 reported cases;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The sentencing order under Article 334(1) of the Criminal Procedure Act is based on the following circumstances: Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the crime was committed, and the sentence like the order shall be determined by comprehensively taking into account the following circumstances:

The crime of obstruction of performance of official duties is a crime that causes harm to the function of the State by nullifying a legitimate exercise of public authority, and is favorable circumstances such as the necessity of punishment corresponding thereto for establishing a national legal order and eradicating a light of public authority: the defendant recognized the crime of this case, and is punished for the same kind of crime.