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(영문) 인천지방법원 2020.08.12 2020고단3911
공무집행방해
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

On April 15, 2020, at around 02:10, the Defendant: (a) received a report from “C Licensed Real Estate Agent” in Gyeyang-gu Incheon, and received a notification from 112 that “A male is written next to the vehicle,” and was solicited to return home from a slope E belonging to the D District Unit of the Incheon Gyeyang Police Station D District, Incheon, which called to the site, and assaulted the Defendant’s chest by hand at one time with his hand, such as “I am a police officer, if he is a police officer, and I am, if I am., I am., I am., I am.”

Accordingly, the defendant interfered with legitimate execution of duties such as 112 report processing by police officers, protection of the lives, bodies and property of the people, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of CCTV-cape Acts and subordinate statutes;

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. In light of the sentencing conditions under Article 51 of the Criminal Procedure Act including the following circumstances: (a) a police officer dispatched to protect a defendant who was under the influence of liquor on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act shall rather interfere with the performance of official duties by assaulting the police officer in order to protect the defendant; (b) the obstruction of performance of official duties is a heavy criminal directly connected with the establishment of legal order; and (c) it is difficult to view that the degree of assault is

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