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(영문) 인천지방법원 부천지원 2020.05.13 2019고단4296
공무집행방해
Text

1. The defendant shall be punished by a fine of seven million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On October 21, 2019, the Defendant reported 112 as follows: (a) on October 21, 2019, the Defendant: (b) went into a taxi at the address near the city of the Simpo-si, Incheon, Incheon, the Kapo-si, Kimpo-si; (c) but did not pay the taxi fee even after having arrived at the Dong of the Kimpo-si, Kimpo-si; and (d) on October 21, 2019.

At around 22:20 on the same day, the Defendant recommended the Defendant to pay the taxi fee and return home to the Defendant by the police officer affiliated with the Kimpo Police Station Escop, called “legally punished, scop, scop,” and received the face of the above F by head.

Accordingly, the defendant assaulted F, a police officer, and obstructed police officer's legitimate performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes to photographic materials, investigation reports (case of attaching the same image data), video CDs, and investigation reports (case video verification reports of this case);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding 10 million won;

2. The scope of recommending sentencing criteria: Non-application of the sentencing criteria (the selection of fines);

3. Determination of sentence: The defendant, upon receiving a report of 112, abused the face of the police officer dispatched, by taking the face of the police officer.

Due to the Defendant's assault, it is judged that the police officer flicked a considerable threat.

The crime of obstruction of the performance of official duties is not such a crime as impairing the function of the State by nullifying the legitimate exercise of public authority.

(In addition, after the defendant was arrested as the above crime, the defendant assaulted the police officer to the head of the police vehicle again, and the evidence records No. 54, video CD.

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