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(영문) 대전지방법원 2021.01.28 2020고단5028
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 21, 2020, the Defendant: (a) around 20:25, at the C District located in Daejeon Seo-gu B, Daejeon; (b) D, a taxi engineer, “Is the taxi to take a bath for customers, and frank the taxi.”

“The visit report was made with the content of “ that it would be possible to enter the locked-si District Zone and state the situation at that time” from E in the circumstances belonging to the C District, and was made a disposition of notification by citing that “I am flance, I am to see, I am., I am., I am., I am., I am to am., I am., I am.”

At around 20:40 on the same day, the Defendant was demanded to return home from the above C, etc., but did not go to the disturbance, and the police officers belonging to the said C, demanded to return home to the Defendant out of the said C, and the Defendant’s own hand carried the part of the above E, which was tightly pushed back once, and the back-up part was set back once, and the Defendant used the above E’s back part by hand twice in the process of arresting the Defendant as the current offender of interference with the performance of official duties.

Accordingly, the defendant interfered with legitimate execution of duties concerning the police officer's patrol and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to report on the mobile phone shooting screen pictures (the confirmation of the mobile phone image taken by police officers);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The crime of obstructing the execution of official duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment as an offense detrimental to the function of the State by nullifying the exercise of legitimate public authority.

When the defendant uses a taxi driver and trial expenses, he assaulted the police officer in the earth, and the nature of the crime is not good, and the defendant uses it to the police officer.

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