(영문) 인천지방법원 2020.04.22 2019고단9505

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.04.22 2019고단9505

공무집행방해

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On November 8, 2019, at the front parking lot of the Seo-gu Incheon, Seo-gu, Incheon, the Defendant: “Around November 03:10, the Defendant: (a) expressed that “the Defendant continues to take a bath to himself/herself, who is a taxi engineer”; (b) took the call from D, a policeman belonging to the Incheon Western Police Station C District of the Incheon Seo-gu Police Station, who was at the site of a visit report by a taxi engineer, she saw that “the Defendant is above a police officer, she is going to fright to flasing another taxi, and flasing it three times every year.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written E;

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 grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has obstructed the performance of duties of the above police officer by means of spitation, spitation, etc. on the ground that he was dispatched to the scene by a report of a taxi engineer.

Even though the Defendant had had had a history of criminal punishment several times due to the crime of violence, such as injury and assault, and the crime of interference with business in the past, the Defendant again committed the crime of this case against the police officer, it is recognized that the Defendant sought a letter from the relevant police officer, and prevented the recurrence thereof, and it is difficult to view that the degree of force the Defendant exercised against the police officer or the degree of interference with the execution of official duties

In addition to the above circumstances, the sentencing conditions in this case, including the Defendant’s age, character and conduct, the motive and attitude of the crime, and the circumstances after the crime, shall be determined as ordered.

참조조문

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