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(영문) 인천지방법원 2020.02.12 2019고단6197
공무집행방해
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

At around 01:40 on August 17, 2019, the Defendant expressed that “a person engaged in a Dominc business in the House” in front of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, would be “a person engaged in a Dominc business in the House” to the head of the police station affiliated with the Incheon Samsan Police Station C district, which was dispatched to the site upon receipt of the Defendant’s 112 report, and “a person files 12 reports to change his house because he did not have any money,” and expressed that “this frings, taxes, frings, frings, and continues to report,” and even if D requested to return home on several occasions, D refuses to leave the vehicle without permission on the back of the patrol seat operated by D, and forced the suspect to leave the vehicle by exercising the type of 30 minutes of boarding and obstructing the vehicle by using the method of patrol for three occasions, such as refusing to board the vehicle without permission on the back of the next seat of the vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, interfered with the execution of official duties by getting a police officer on the patrol vehicle and refusing to get off the patrol vehicle without permission.

In 2018, the defendant was sentenced to imprisonment with prison labor for obstruction of performance of official duties, etc. three times, and the same kind of crime was committed during the period of repeated crime after the execution of the above sentence was completed.

However, it is possible to obstruct the normal operation of patrol vehicles for about 17 minutes from the first time to the last time of refusal after receiving notification as a violation of the Punishment of Minor Offenses Act with respect to false reports.

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