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(영문) 서울중앙지방법원 2014.06.30 2014고정406

공무집행방해등

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

1. Around 19:40 on December 28, 2010, the Defendant: (a) tried to board a private taxi operated by the victim B (the 60-year-old) on the street prior to Dobong 9-dong 940-11, Gwanak-gu, Seoul Special Metropolitan City; (b) obstructed the operation of the taxi by opening a door of taxi driver’s seat to prevent the operation of the taxi; and (c) interfered with the operation of the victim for about 10 minutes by force by force, such as continuing to take a bath for the victim and prevent the operation of the taxi even after the Defendant was able to go to the D District by the police box.

2. At the above date, time and place, the Defendant interfered with the performance of official duties by assaulting the police officer’s legitimate performance of official duties, including the following: (a) the Defendant, as seen above, took a bath for the victim B and frighting him, and her home home to the Defendant; (b) the Defendant, “Per, the police officer,” took a bath, i.e., “P., the franchise, the death of the police officer,” and her hand, flaged the instant E’s back and her faceed, and her flabed by her hand.

Summary of Evidence

1. Some of the police interrogation protocol of the defendant;

1. Statement to E by the police;

1. Application of B’s written laws and regulations;

1. Articles 136 (1) and 314 (1) of the Criminal Act applicable to the relevant criminal facts;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.