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(영문) 서울서부지방법원 2019.06.14 2019고단997

경범죄처벌법위반등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Minor Offenses Act: (a) around 01:09 on January 27, 2019, on board a taxi driven by C on the roads near Jung-gu Seoul Metropolitan Government, Seoul, and entered the front road of the convenience store located in Eunpyeong-gu Seoul, Seoul on January 27, 2019; and (b) on January 27, 2019, the Defendant paid KRW 16,440 to the said C, even though it has to pay the said KRW 16,40.

As such, the Defendant, on board a car for business, did not pay a value without justifiable grounds.

2. On January 27, 2019, the Defendant: (a) committed an act of obstruction of performance of official duties on the road front of the above convenience store; (b) the Defendant reported 112 to the effect that he would not pay a taxi fee; and (c) the Defendant respondeded to the demand for presentation of identification cards with respect to the investigation of a violation of the Punishment of Minor Offenses Act, such as the above paragraph (1), and assaulted the above F, such as the Defendant’s quih with f, by her hand, who was salping the f, and was salping the f of the Defendant’s f with her hand, by failing to comply with the demand for presentation of identification cards in relation to the investigation

As such, the Defendant interfered with the legitimate performance of official duties concerning criminal investigations and arrest of flagrant offenders as police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. C’s statement;

1. Application of a taxi charge receipt, a 112 reported case processing table, a damaged photograph, and CCTV-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Punishment of Minor Offenses, Article 3 (1) 39 of the Punishment of Minor Offenses Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 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;