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(영문) 인천지방법원부천지원 2020.09.08 2020고단2282
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On April 7, 2020, the Defendant: (a) around 23:02, around the C Burial located in Seocheon-si B, the Defendant: (b) asked the police officers belonging to the D District Police Station of the Seocheon-si Police Station D District to leave the taxi and return to the taxi, and (c) took a bath to the said police officers; and (d) took a patrol car after the said police officers returned the taxi engineer to the taxi, and (e) took a patrol car in front of the C Burial located in Seocheon-si B, Seocheon-si; (b) obstructed the patrol car in front of the patrol car.

Therefore, when the above E was removed from the patrol car, it was assaulted at one time to stop the chest part of the above E with the Gap's own hand, and at one time to stop the right shoulder of the above E with the upper hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 report processing.

Summary of Evidence

1. A copy of the police record of the defendant's statement E in his/her court statement and a copy of police officer identification cards (E) to capture the CCTV;

1. Application of Acts and subordinate statutes to each internal investigation report on the statement of opinion and prescription, each internal investigation report (to cover the CCTV image of the suspect A, 365 CCTVs) (to cover off and attach photographs to the visual data of theCCTV, to the site conditions, to the investigation, etc., to refuse to affix a written confirmation and to seal a suspect under arrest or detention, and to the witness G telephone conversations);

1. The pertinent provision on criminal facts, Article 136(1) of the Criminal Act on the selection of punishment (the point of obstruction of performance of official duties), and the crime of this case on the selection of fine, are deemed to have committed an assault against a police officer who is on duty to stop the patrol in the remaining taxi while under the influence of alcohol, in view of the background of the crime, method and result of the crime, etc., the quality of the crime is poor. The Defendant again committed the crime of this case, even though he was sentenced to a fine of KRW 50,00 and KRW 5 million for the crime of insult in 2014, as a result of the violation of the Punishment of Violences, etc. Act in 198, even though he was sentenced to a fine of KRW 5 million for the crime of insult in the year

However, the defendant made a confession of all of the crimes of this case.

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