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(영문) 서울서부지방법원 2019.03.05 2019고단166
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

Criminal facts

On January 2, 2019, the Defendant: (a) around 01:40, at the front of the German taxi station in Eunpyeong-gu Seoul, Seoul, the 130-1, and (b) at the front of the taxi station, the police officers affiliated with the Seoul Pyeongtaek Police Station B District called the Defendant, who called the Defendant, demanded the Defendant to pay for taxi expenses and present identification cards; (b) the Defendant, who called “the cab was paid,” sent the c’s chest on a hand, sent the victim a food once again; and (c) the police officers affiliated with the same district police station called the Defendant, who had been dispatched, interfered with the Defendant’s behavior, committed assault by having the c’s head using the Handphone Handphone, which was used by the Defendant again.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the handling of reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Application of Acts and subordinate statutes to photographs of evidence, work logs, and photographs wearing uniforms of police officers dispatched;

1. Relevant provisions of the Criminal Act and the choice of punishment concerning the facts constituting an offense: Article 136 (1) of the Criminal Act;

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

1. Provisional payment order: The reason for the sentencing of Article 334(1) of the Criminal Procedure Act [Indeterminate circumstances] The degree of obstruction of the performance of official duties is not easy (negative); his mistake is divided, and there is no power to punish the defendant;

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