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(영문) 수원지방법원 성남지원 2017.05.19 2017고단676
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On January 19, 2017, around 01:15, the Defendant: (a) reported to the Korean Academy of Science and Technology in Sungnam-gu, Sungnam-si, the Korean Academy of Science and Technology, 112, that “no taxi passenger is broken off; (b) requested voluntary accompanying to the Defendant who was called up by the police officer C of B, who refused to pay the taxi fee without any particular reason; (c) was aware of the fact that he was aware of the taxi fee; and (d) was aware of the fact that he was aware of the taxi fee; and (c) was asked to present an identification card in order to verify the Defendant’s status and residence, but did not comply with the Defendant’s request for presentation of an identification card to present his name and address; and (c) was unable to respond to the confirmation of his status and domicile, such as continuing to perform the arrest and deflagrant offender on account of the violation of the Punishment of Minor Offenses Act (levied car); and (d) was in the body of the Defendant’s body and walked with Gap’s own assault.

Accordingly, the defendant interfered with the police officer's legitimate performance of official duties concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol for police statement to C (Interference with the execution of public duties);

1. Written statements of D;

1. A report on investigation (on-site conditions) and a report on investigation (related to the statement of a police officer in mobilization);

1. Application of receipts, photographs, and statutes;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order: The necessity of strictness of obstructing the performance of official duties, the circumstances favorable to the agreement: confession, reflectivity, the records of the same crime and the suspension of execution or more severe punishment, the person's desire, and other details of the assault, and the circumstances of the crime; and

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