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(영문) 춘천지방법원 원주지원 2016.11.01 2016고단838

공무집행방해등

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A defendant shall be punished by imprisonment with prison labor for six months and by a fine of 100,000 won. If the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On August 31, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) around 20:30 on August 31, 2016, the Defendant did not pay KRW 9,800 of the taxi rate without justifiable grounds, even though the Defendant was boarding a F taxi operated by the victim E in front of the D Hospital located in the city of Haju, and arrived before the H Zone located in G in the city of Haju.

2. On August 31, 2016, the Defendant arrested a flagrant offender for the same crime as described in the above Paragraph (1) and then opened a door-to-face to the Defendant’s left face of the said J on one occasion, i.e., one time at the detention room No. 3 of the detention room of the original police station located in the original city, i.e., the nuclear police station, and the investigation of the original police station, and the developments and developments leading up to the I Team, in order to keep the Defendant back to the detention room. In addition, the Defendant, at around 22:05 on August 31, 201, 205, went away from the custody room No. 3 of the detention room of the original police station located in the original city.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and J;

1. Report on the occurrence of the case;

1. A taxi receipt;

1. Application of Acts and subordinate statutes to investigative reports (Attachment ofCCTV video recording, etc.);

1. Relevant Article of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), and Article 3(1)39 of the Punishment of Minor Offenses Act (the point of freeboard and the selection of fines);

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. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [Scope of Recommendation] : (a) there is no basic area (6 to 1 year and 4 months) of obstruction of performance of official duties (a person who has been subject to special imprisonment]; (b) six months of imprisonment with prison labor; and (c) two years of suspension of execution, the defendant did not pay a taxi fee under the influence of alcohol; (d) took a bath against a police officer dispatched; and (e) exercised violence.