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(영문) 인천지방법원 2020.09.17 2020고단7013
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. Around 01:10 on April 29, 2020, the Defendant: (a) demanded the victim C (son and 58 years of age) who is an acting engineer to refund substitute expenses in front of the Nam-gu, Incheon, Nam-gu, Incheon; (b) assaulted the victim’s chest by hand; and (c) assaulted the victim’s arms by taking the victim’s hand.

2. According to the facts charged in this part of the obstruction of performance of official duties, it is unclear whether the prosecutor prosecuteds E as the other party to the obstruction of official duties. However, the police did not investigate the victim about E, and the victim of the obstruction of official duties specified only as slope F (see, e.g., investigation record 51 to 53) in the police investigation against the defendant (see, e.g., Criminal Act No. 40 regarding the applicable provisions of the indictment). Thus, the other party to the obstruction of official duties of this case is presumed to be limited to the above F.

At around 01:40 of the above day, the Defendant received 112 reports on the above assault case at the above location, and did not follow the police officer’s on-site measures such as continuing to take a bath without disclosing his/her personal information to E affiliated security guards of the Incheon Southern Police Station D, and continuing to engage in dangerous actions such as threatening E’s face towards the e face of the hand that caused the cigarette smoking, and upon receiving a request for support, assaulted the above D’s slopeF’s body in good hands.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to F and C

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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