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(영문) 인천지방법원 2019.07.25 2019고단3076
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On April 20, 2019, at around 21:49, the Defendant was asked to return home from the border belonging to the Incheon Southern Police Station B district of the Incheon Southern Police Station, which was sent after being reported 112 on April 20, 2019, in front of the subway station Incheon Nam-gu Incheon 9, the Defendant sent a cell phone one time to the front of the Incheon Southern Police Station, saying, “I do not have any flag, so I do not have any flag, so I do not have any flag, ............................., the Defendant spawn the cell phone to the face of the knick Park Park, who was under the influence of alcohol and called.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each 112 Report, Bac video [in order for the crime of obstruction of performance of official duties to be established, a assault or intimidation must be made against a public official who performs his/her duties. Here, assault means exercising a direct or indirect tangible power against a public official, and in light of its nature, it is necessary to the extent that it would interfere with a public official’s performance of duties. Thus, if it is minor to the extent that the public official’s face is not open, it does not constitute a assault. However, the act of the Defendant, expressed in the Bac video, in contact with a public official’s face by taking a Handphone into account the face of a public official, cannot be deemed as an exercise of a direct tangible power, and thus, constitutes an assault against the crime

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant recognized the crime and repented the mistake; (b) the degree of obstruction of performance of official duties is minor; (c) the crime committed by an drunk and contingent act; and (d) there is no criminal record after August 2002.

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