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(영문) 인천지방법원 2018.07.27 2018고단4255
공무집행방해
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 22, 2018, the Defendant did not pay a taxi fee to a taxi engineer at the front of Seo-gu Incheon, Seo-gu, Incheon, and did not pay a taxi fare to the taxi engineer. The Defendant received 112 reports and received a disposition of penalty notice from E/F belonging to the police station D District of Seo-gu Incheon, Seo-gu, Incheon, which called the scene, and received a disposition of penalty notice from E/F, by the above E/F, leaving the scene of the patrol vehicle and leaving the scene of the patrol vehicle on three occasions, with the knife part of the bitle of the vehicle of the defective patrol vehicle, and the knife of the above F, who is listed in the lower seat of the parked patrol vehicle, with the mind of the knife at the back of the parked patrol vehicle.

The charges of indictment by assaulting a police officer for about 21 minutes, such as “nicking” and prohibiting the operation of patrol vehicles for about 21 minutes, etc. stated that the Defendant committed assault and intimidation against the police officer. However, it is difficult to regard the abusive theory written in the facts charged as a threat of harm and injury, and there is no other evidence to recognize that the Defendant threatened the police officer, and thus, the part of intimidation was deleted

It interfered with legitimate execution of duties related to the maintenance of order and patrol of E and F, a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of internal investigation reports (e.g., on-site mobilization) and CD-related Acts and subordinate statutes on mobile phones;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The fact that the vehicle refuses to leave the vehicle after the dispatch to the alleged patrol vehicle is recognized, but there is no support for the between the patrol vehicle.

The defendant's refusal of his/her vehicle can not be regarded as violence or intimidation in obstructing the execution of official duties.

2. In the case of interference with the execution of official duties, violence means not only the exercise of direct tangible power against a public official.

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