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(영문) 수원지방법원 2015.05.07 2015고단21

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

Punishment of the crime

At around 05:25 on December 29, 2014, the Defendant was asked to return a taxi driver’s certificate from the slope E belonging to the D Zone in the Suwon-nam Police Station, Suwon-nam Police Station, which was dispatched after receiving a traffic accident report, while the taxi driver did not take any measure against himself/herself while the taxi driver was aboard his/her customer, and did not return it. On December 29, 2014, the Defendant was asked to return the taxi driver’s certificate from the slope E belonging to the D Zone in the Suwon-nam Police Station D Zone, which was dispatched after receiving a traffic accident report. The Defendant was tightly pushed off the chest part of E, and brought a desire to remove the taxi from the slope G belonging to the F Station in the Suwon-nam Police Station, which was dispatched after receiving a traffic accident report.

As a result, the defendant interfered with legitimate execution of duties of police officers on traffic accident investigations.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each police statement of E, G, and H;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Taking account of the fact that the defendant's reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant, and that the defendant has no criminal record other than the fine of different kind.