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(영문) 수원지방법원 2018.04.18 2018고단172
공무집행방해
Text

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

2. 30 days where the defendant does not pay the above fine;

Reasons

Punishment of the crime

On August 2, 2017, at the front of the entrance of the Namyang-gu 111-ro, Nam-gu, Namyang-gu, Seoul, the Defendant reported on August 2, 2017, found and stopped a patrol vehicle carried out by a police officer D belonging to the C police box, who is called upon 112, and issued a temporary driving certificate to the said D, and “if this is why it will be issued,”

Babbing to die, I am h.h. and am h.h., I am h., am 10 minutes before the patrol car to prevent the patrol car, and am h. B. D., “I wish to die as a police officer,” and “I wish to die as a police officer,” and assault D’s face twice.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. The defendant's partial statement (the defendant asserts that he did not assault or assault a police officer since he/she did not contain any fact that he/she had a drinking towards D's face.

However, the crime of obstructing the performance of official duties is established by assault or intimidation against a public official performing his duties. Here, assault includes not only the exercise of direct tangible power but also the act of indirectly exercising tangible power against a public official (see Supreme Court Decision 98Do662 delivered on May 12, 1998). According to the legal statement of a witness D and the police statement of E, a witness E, even though the defendant did not have contact with D, even if the defendant did not have contact with D, the defendant is recognized to have used direct or indirect tangible power, and therefore the crime of obstructing the performance of official duties is established.)

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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