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(영문) 수원지방법원 안산지원 2015.08.20 2015고단1569
공무집행방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. At around 22:50 on May 4, 2015, the Defendant: (a) received 112 report from the police officer E, who was called the “C” head of the “C” head of the “C,” and received 112 notification to avoid disturbance, such as, under the influence of alcohol, he/she received a request for presentation of identification cards from the police officer E, who was called the “C,” and confirmed the circumstances.

The defendant, who is dissatisfied with the complaint, expressed his/her opinion that "I wish to kill," without presenting his/her identification card to the above E, and assaulted the face of the above E one time at his/her hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. The Defendant violated the Immigration Control Act by failing to carry a passport, seafarers’ identity document, entry permission certificate, foreigner registration certificate, or landing permission certificate, even though it was required to produce a passport and other identification card by the police officer E belonging to the D Zone, who was dispatched after receiving a report of 112 as stated in paragraph (1), at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes to entry in a written accusation against a person violating the Immigration Control Act;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of fines), Article 98 subparagraph 1 of the Immigration Control Act and the main sentence of Article 27 of the Immigration Control Act (the point of violation

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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