공무집행방해
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. On August 22, 2015, the Defendant: (a) in the front of the Busan-gu Busan-gu, Busan-do, the Defendant continued to refuse to present identification cards and a notification of personal information despite the Defendant’s demand for presentation of identification cards by controlling D-business taxi as the central bed; (b) the Defendant demanded the Defendant to accompany the Defendant to the police station for the purpose of adjudication procedure; (c) on the F’s face, spiting off the F’s face, thereby obstructing the police officer’s legitimate performance of duties by assaulting the Defendant to regulate traffic.
2. Determination
A. According to Article 214 of the Criminal Procedure Act, a person who commits a crime punishable by a fine not exceeding a maximum amount of 500,000 won, detention, or minor fine even if he/she commits an offense, may be arrested without a warrant only when his/her residence is unclear.
The statutory penalty for the act of intrusion on the central line is a fine not exceeding 200,000 won, penal detention, or minor fine under Article 156 subparagraph 1 of Article 156 and Article 13 (3) of the Road Traffic Act. The statutory penalty for the act of not presenting an identification card is a fine not exceeding 200,000 won, or penal detention under Article 155 and Article 92 (2) of the Road Traffic Act, or minor case prescribed in Article 214 of the Criminal Litigation Act.
B. The record reveals: (a) on August 22, 2015, the Defendant was deprived of the central line while driving a taxi for business use in front of the Busan Busan District; (b) the police officer G demanded the Defendant to control the Defendant and present a driver’s license; (c) but the Defendant failed to comply with the demand; (d) G demanded a voluntary accompanying to the police station to make a judgment on the ground of the Central Line erosion and the refusal to present an identification card; and (e) the Defendant left the taxi to the police station while leaving the taxi for business use in response to this demand; and (e) the Defendant stops while leaving the taxi to the police station to get off the taxi for business use.
The purport of “voluntary accompanying” refers to “a police officer who refused voluntary accompanying,” and the police officer F, upon the request of G and F for voluntary accompanying, refused to complete the demand by the police officer F, such as carrying the driver’s vehicle and leaving the body, and G and F.