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(영문) 부산지방법원동부지원 2020.12.16 2020고단1927

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 7, 2020, around 05:03, the Defendant refused to pay the taxi fee and to return home from the head of the police station located in Busan Shipping Daegu District, which received a report that the taxi passenger did not pay the taxi fee, and was urged by the head of the police station located in the Busan Shipping Daegu District, which received the notification that the taxi passenger would not return home, and was asked to inform the above D of his personal information, and assaulted the part of D on the part of the ship with three tights, and the part of D with the hand at one time.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of reported cases.

Summary of Evidence

1. Application of the Acts and subordinate statutes to photographs of damaged body photographs, on-site photographs, and CCTV to the police's statement of the defendant's legal statement D;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the following circumstances, and the Defendant’s age, character and conduct, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered in consideration of all such circumstances as the sentencing conditions indicated in the instant case.

Unfavorable circumstances: The crime of obstruction of performance of official duties, such as this case, requires strict punishment in order to establish a state law and order and eradicate the light view of public authority; the circumstances favorable to that the degree of assault is not less severe: the fact that the instant crime was committed and the police officer D showed an attitude to recognize and reflect the instant crime;