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(영문) 인천지방법원 2018.06.21 2018고단2759
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On April 5, 2018, the Defendant: (a) expressed that, on the road front of the Incheon Bupyeong-gu, Bupyeong-gu, Incheon, the vehicle subject to removal of garbage was at a right-hand level; (b) did not meet his/her fingers and did not go to his/her will; and (c) expressed the driver of the vehicle subject to removal of garbage to “breath” on the part of the driver of the vehicle subject to removal of garbage; and (d) the police officer belonging to the Incheon Bupyeong-gu police station E division of the Bupyeong-gu, Incheon; and (c) “I dlehh is not driving.”

"A noise committed with a loud voice over about 20 minutes, such as noise."

In this respect, the defendant, at a place where many people gather and pass, has brought about a very rough and disorderly speech to the surrounding area.

2. The Defendant, who interfered with the performance of official duties, requested presentation of identification cards and confirmation of identity to be notified by the police officers belonging to the said district group by committing acts, such as disturbance of drinking at the time, place, etc. mentioned in paragraph (1), but was arrested in the act of residence misconduct, etc.

On April 5, 2018, around 02:42, the Defendant transferred to the Bupyeong-gu Incheon Bupyeong-gu E District Police Station E District in Bupyeong-gu, Incheon, and confirmed that there was a fine, and notified that there was a frequency of times in the course of identification verification, the Defendant made a suddenization, and made a drinking to the police officer G belonging to the said District.

Therefore, the defendant interfered with the legitimate performance of official duties by police officers who perform duties concerning criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each investigation report (the verification of CCTVs in the E District, witness H telephone communications) shall apply to statutes;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 3 (1) 20 of the Punishment of Minor Offenses Act (the point of disturbing drinking), and Article 3 (1) 20 of the Punishment of Minor Offenses Act, and the choice of fines, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the aggregate of the amounts of two crimes above shall be added];

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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