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(영문) 수원지방법원 2018.11.23 2018고단5263

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 31, 2018, the Defendant: (a) while driving a cab for business use on the front of Incheon Gyeyang-gu Incheon Metropolitan City, in violation of traffic signals, and went through the control from E by a police officer belonging to the Incheon Gyeyang Police Station, which was patroled at the same place; (b) stated that he would go through, “I must do so without being locked”; (c) twice the said E level by hand, and (d) committed assault, such as kneeing the right-less knee of the said E, which was next to the knife.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report (fafafs, booms, video-fafsing photographs);

1. Application of statutes to a penalty payment notification;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 of the Criminal Act concerning the crime, the selection of fines (such as confession, reflectivity, and the absence of any record of punishment for the same crime);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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