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(영문) 대전지방법원 2021.03.18 2020고단1746
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant fails to pay the above fine, 50 days shall be applied.

Reasons

Punishment of the crime

On April 8, 2020, the Defendant: (a) on April 23:20, in the Seo-gu, Daejeon, Seo-gu, Daejeon; (b) a slope E belonging to the Daejeon Police Station D District; and (c) a policeman, who was carrying out patrols to deal with the reported case 112, which is not related to the Defendant, was boarding several times even though the police officers opened the back seat of the patrols and boarded the Defendant.

Since then, the Defendant was notified by the above E that he could be arrested due to interference with the performance of official duties, such as “gy, gye, gye”, and gye a portable phone, which the above E used as his hand in order to take a dynamic image, damaged the floor, and gye the chest part of the above E in his hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Recording video CDs in the police statement protocol against E;

1. Application of the Acts and subordinate statutes to photograph pictures by capturing on the spot;

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. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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