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(영문) 수원지방법원 성남지원 2020.07.22 2019고단3311

공무집행방해

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On October 16, 2019, at around 02:05, the Defendant reported to the effect that he did not pay the taxi expenses that he was on board in Gwangju apartment complex, and that he did not pay the taxi expenses, and that he did not pay the taxi expenses, and received a 112 report from the police officers D belonging to the Gyeonggi Mine Police Station C District of the Gyeonggi Police Station called “the taxi expenses and returned home” from the police officers assigned to the said police officer, who expressed the desire to read “the fatt” to the said police officer, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of the reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Application of the 112 Report Processing Statement, internal investigation report, investigation report (to secure CCTV at the site), CCTV-caping photographs, and the Acts and subordinate statutes governing CCTV images;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the crime of obstruction of performance of official duties is a serious crime detrimental to the function of the State by nullifying a legitimate exercise of public authority.

However, considering the fact that the defendant appears to reflect, the degree of assault is relatively minor, and the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, circumstances after the crime, etc., the same sentence as the order shall be determined in consideration of the sentencing conditions shown in the records.