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(영문) 인천지방법원 부천지원 2015.12.18 2015고단3051
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. Around 19:40 on October 23, 2015, the Defendant driven a vehicle of coos without obtaining a driver’s license in a section of about 500 meters from the 3rd side of the Hyundai Home Town 312 apartment complex, which is located in 19, Cheongpo-si, Kimpo-si, Kimpo-si, to the e-mail front side of the e-mail located in 19, Kimpo-si.

2. On October 23, 2015, the Defendant, at around 19:40 on the front day of the E-Maart located in Kimpo-si, Kimpo-si, the Defendant discovered a police officer affiliated with the Kimpo-si G police box, and requested the Defendant to inform the Defendant of his resident registration number after stopping the Defendant’s vehicle while driving the vehicle as described in paragraph (1). However, the Defendant, while taking a large amount of bath, assaulted the Defendant with the face of the above H one time at his head, and assaulted the Defendant’s right side at the back of the patrol box at one time, and assaulted the Defendant at twice the head’s seat at the front day of the patrol box at one time.

Accordingly, the Defendant interfered with the police officers' legitimate performance of their duties in relation to crime prevention, suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Statement of control of driving without a license;

1. Detailed details of driver's license taxes;

1. The service log of the G police box;

1. Application of the Acts and subordinate statutes of a photographs of damaged parts;

1. Article 136 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

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

1. In light of the contents of the crime committed by a police officer who conducts official duties on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the degree of damage suffered by the victimized police officer is bad.

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