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(영문) 인천지방법원부천지원 2020.11.12 2020고단4035

공무집행방해

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 30, 2020, at around 02:05, the Defendant: (a) reported a taxi engineer’s desire to move in front of the Bupyeong-si Police Station C District; and (b) respondeded to D, a police officer belonging to the Busan High Police Station C District, who was called the police officer belonging to the House C District of the Busan High Police Station, to ask questions about the parallel, place of residence, etc., the Defendant called “the head of the house is what he will see; b)”; and (c) assault D, stating that “D is the total head of the pattern, or the head of the household.” The Defendant committed assaulted D’s gun-top gun-to-be knick, thereby leaving the hand, and doing so one time at the right end of D’s hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning public peace and order maintenance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the C District Department E’s night working day in the protocol of the police statement concerning D, damage photographs, photographic images taken, cellular images,CCTv image photograph and other Acts and subordinate statutes;

1. Article 136(1) of the Criminal Act applicable to the crime, Article 136(1) of the choice of a sentence, the selection of a fine (including the fact that there is no other force in addition to the fine once for the crime committed against the defendant, the defendant is recognized to commit the crime in this case, and the victim has not been punished against the defendant, etc.);

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act, the suspension of execution of sentence of Article 62(1) of the Criminal Act, and Article 62(1) of the Criminal Act or more;