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(영문) 인천지방법원 2017.05.25 2017고단539

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Minor Offenses Act: (a) on January 8, 2017, around 02:30, the Defendant was on board a Drocketing taxi operated by C for business purposes at the Gangnam-gu Seoul Metropolitan Government (Seoul, Gangnam-gu) and moved to the police station near Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, for the Defendant’s purpose, did not pay approximately KRW 27,120 of the fee without justifiable grounds.

2. On January 8, 2017, at around 03:53, the Defendant interfered with the performance of official duties, in front of the F District in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. On the front of the F District, the Defendant did not pay the taxi fee as described in paragraph 1, and was urged by the police officers who were called upon C to pay the taxi fee and return home from G police officers belonging to the Seoul Young-gu Police Station F District in Seoul, Yeongdeungpo-gu, Seoul, who were called upon request by the Defendant, to do so without any reason, and obstructed the police officers’ legitimate performance of duties concerning the prevention, suppression and investigation of the police officer’s crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (verification of these images);

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3(1)39 (a) of the Punishment of Minor Offenses Act (a point of non-election), Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of fines, respectively, for the crimes;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing Article 334(1) of the Criminal Procedure Act recognizes and reflects his mistake.

It is a contingent crime.

A defendant has been sentenced to a fine once, and has no same criminal record.

In addition, the sentencing conditions, such as the defendant's age, sex, family relationship, and property status, shall be equally considered and the punishment shall be determined as per the order.