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(영문) 대전지방법원 2015.04.15 2015고단174

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From January 2, 2015 to January 3, 2015, at around 00:05, the Defendant obstructed the business of the victim’s taxi business by force, including, but not limited to, the Plaintiff: (a) was boarding a D taxi in the vicinity of Hongdo-dong, Daejeon-gu, Hongdo-dong; (b) making the victim take the seat of the D taxi in front of the crob apartment, the destination of which was scheduled; and (c) allowing the victim to move a taxi at a low place and continuously moving around about 10 minutes; and (d) moving to the E zone of the Daejeonsan Police Station of Daejeon, the Defendant interfered with the business of the victim’s taxi business by force, including, but not limited to, a 30-minute taxi without paying a taxi fee.

2. At around 00:50 on January 3, 2015, the Defendant: (a) arrested a flagrant offender on the charge of interference with the above duties; (b) requested the victim E zone to receive the Defendant’s cell phone device instead of the Defendant’s cell phone device to G (ma, 4 years old) belonging to the said E zone; and (c) the victim G attempted to take the Defendant’s cell phone device from the Defendant’s Defendant’s seat, making it difficult for the victim G to take the Defendant’s knee, and obstructed police officers’ legitimate performance of duties, such as criminal investigations, by assaulting the police officers twice, such as walking the Defendant’s seat at the Defendant’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to C, G, and H;

1. Damage photographs;

1. Application of Acts and subordinate statutes to CCTV extraction photographs;

1. Articles 136 (1) and 314 (1) of the Criminal Act applicable to the crime;

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

1. Selection of punishment: Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., reflects the conflict with victims of interference with business, and the fact that there is no criminal