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(영문) 서울북부지방법원 2020.04.09 2019고단2609
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. An alien staying in the Republic of Korea in violation of the Immigration Control Act shall always carry a passport, etc., and present it when requested by an immigration control official or authorized public official in connection with his/her duties;

Nevertheless, on March 2, 2019, at around 02:15, the Defendant requested the presentation of a passport, etc. on the road located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 14-gil 14-gil 3 (Hamun-dong).

2. On March 2, 2019, the Defendant: (a) on March 2, 2019, at the same place, reported that C was arrested as a flagrant offender and carried on the patrol vehicle while the police officer B, etc. belonging to the Seoul East Police Station was investigating the status of stay C, which was the Defendant’s work at the same time; (b) on the part of B, he saw B at one time at the right right b by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning police officers' 112 reports and arrest of flagrant offenders.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Investigation report ( CCTV images used for crime prevention near the site);

1. Investigation report ( CCTV images around the scene of obstruction of performance of official duties);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 98 subparagraph 1 of Article 98 of the Immigration Control Act, the main sentence of Article 27 of the Immigration Control Act, and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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