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(영문) 인천지방법원 부천지원 2021.03.23 2020고단5212
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On September 27, 2020, the Defendant interfered with the performance of official duties, 23:21 on Sep. 27, 2020, 200: “The Defendant 50 male 2 people who look at the 50th day” and dys the time room.

“In the event of receipt of 112 reports, the police officer took a bath under the influence of alcohol to ask questions about the facts from the head of the police station C District of the Seocheon-gu Police Station C District D, the police officer sent to the place, and assaulted the police officer’s offline on one occasion by his hand.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the handling of 112 reported cases.

2. On September 27, 2020, the Defendant: (a) was arrested as a flagrant offender due to interference with the performance of official duties at the places indicated in paragraph (1) of the above paragraph; (b) went on the back seat of the 12 patrol car of the E net No. 12; and (c) thereby damaging the patrol car, which is a public object, so that the back of the back seat, windows, and auxiliary seat amounting to KRW 99,90,00 at several times, can be considered as having been arrested.

Summary of Evidence

1. Application of the Act and subordinate statutes to the Defendant’s legal statement of the police officer’s identity card on the suspect interrogation protocol for a part of the Defendant’s legal statement, photo of the patrol vehicle damaged by the patrol vehicle in the case 112, each written estimate report (as to the investigation of the on-site situation, the investigation of the on-site situation, etc. on the suspect, the dispatch of the police officer’s boom box to the suspect, the investigation of the on-site, the investigation of CCTV image in the on-site, the investigation of the on-site conducted by the police officer in the on-site, the submission of a quotation, and the re-issuance to the off-site camp

1. Relevant legal provisions on criminal facts, Article 136(1) of the Criminal Act on the selection of punishment (a violation of the performance of official duties), Article 141(1) of the Criminal Act (a) and the selection of fines (a violation of the Criminal Act) for each crime (a crime of this case committed without any justifiable reason by assaulting a police officer called out after receiving a report by the Defendant, who was under the influence of alcohol, within the patrol car, and eventually destroying the police officer within the patrol car even after he was arrested as a flagrant offender, and the crime is very poor in light of the background, method, result, etc. of the crime.

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