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(영문) 서울서부지방법원 2014.07.03 2014고단847

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 15, 2014, around 06:40 on April 15, 2014, the Defendant: (a) committed assault, such as assaulting a police officer’s 112-report handling duties on the 112-report handling duties on the 112-report handling duties by a police officer, which had been dispatched after receiving 112 reporting that a customer would not pay a taxi fee; and (b) assaulting D to pay a taxi fee to the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not likely to obstruct the execution of official duties by the defendant by assaulting a police officer without justifiable grounds.

However, the Defendant, who did not have criminal power at all, committed a contingent crime under the influence of alcohol, and committed a new crime against his own mistake in depth, and thus, has to be punished by a fine only once, taking into account the overall circumstances that are the conditions for the sentencing of the instant case, and shall be punished by a fine as ordered.