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(영문) 서울북부지방법원 2020.03.19 2019고단3284
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

On May 2, 2019, at around 03:38, the Defendant reported on May 2, 2019, on the front side of Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, 112, that “the taxi passengers are not broken,” and assaulted at one time at the seat of the police box of Seoul Dongdaemun-gu Police Station C police box affiliated with the police box of Seoul Dongdaemun-gu, Seoul, and the Defendant, who was locked without paying the taxi expenses, was skeing the Defendant, and was locked off from the taxi, and was sicked by Party E’s face.

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 to E by the police;

1. E statements;

1. A written statement of witness of the F;

1. Investigation report (report on the analysis of faccam) - faccam video CD (the police officer's act of threateningly doing, such as the quality in the taxi, and the police officer's act was carried out by the defendant; the police officer's arms were carried by the defendant to unfacing the defendant; the police officer's act was deemed to be lawful in the course of performing his duties, comprehensively taking account of the following: (a) the defendant's act was not controlled by police officers, such as the defendant's act of unfacing the defendant's body and causing him to be carried out; (b) the defendant's body appears to be less than the rear part of his body; and (c) the application of Acts and subordinate statutes is recognized as legitimate in performing his duties.)

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment was that the police officer called out after receiving a report from a taxi engineer, caused him/her to leave the defendant for returning home, and assaulted the face of the police officer to take away his/her body.

The act of a police officer, who is duly performing official duties, is not against the defendant's responsibility due to violent crimes against a police officer, but is less under the influence of alcohol.

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