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(영문) 인천지방법원부천지원 2020.11.26 2020고단4157
공무집행방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 29, 2020, the Defendant received a 112 report from the police officers belonging to the Bupyeong-si Police Station C district unit of the Seocheon-si Police Station, which called “I wish to open the door door.” On August 29, 2020, the Defendant rejected the request and continued to arrest the flagrant offender from the above police officers.

The Defendant continued to remove D’s arms 2-3 times in order to measure her body temperature with respect to coaches or infectious diseases, and caused the her chest E belonging to the said C Zone E to stop this.

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

Summary of Evidence

1. Application of the defendant's legal statement E, D, and F to each police officer's protocol of statement, each police officer's autopsy photo, investigation report, and police officer's bar image photo;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine to be imposed under Articles 40 and 50 of the Commercial Concurrent Crimes Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 2009)

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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