공무집행방해등
A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.
If the defendant fails to pay the above fine, 50.
Punishment of the crime
1. On April 26, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) around 00:30 on April 26, 2015, the Defendant failed to pay KRW 6,360 of the taxi fee without justifiable grounds while using a taxi for D business from the New Ne-ro Seoul Metropolitan Government to 46-ro 17, Gangseo-gu Seoul Metropolitan Government.
2. On April 26, 2015, the Defendant obstructed the police officer’s 112-report processing duties and the lawful performance of duties concerning arrest of flagrant offenders, following the fact that, around 00:40 on April 26, 2015, the Defendant: (a) reported that he did not pay a taxi fee in front of 46-ro 17, Gangseo-gu Seoul, Gangseo-gu; and (b) proposed the Defendant to pay a taxi fee to the Defendant; (c) however, the Defendant refused to arrest the Defendant as a flagrant offender in violation of the Punishment of Minor Offenses Act; and (d) the said F would have attempted to arrest the Defendant as a flagrant offender in violation of the Punishment of Minor Offenses Act.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. C’s statement;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties, choice of imprisonment), and Article 3 (1) 39 of the Punishment of Minor Offenses Act (the point of freeboard and choice of fine) concerning the crime;
1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) there is no basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties (the scope of recommending punishment) [the person who has been specially punished] [the decision of sentence]; (b) the degree of assault cannot be deemed as serious; (c) the defendant has a personality and personality, environment, and circumstances after the crime; (d) the defendant has no record of punishment exceeding the fine; and (e) there is no record of punishment exceeding the fine.