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(영문) 수원지방법원 2019.05.28 2018고단6236

공무집행방해

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On June 27, 2018, around 22:55, the Defendant: (a) went on a taxi in front of the Young-gu Babel, Young-si, Suwon-si, and continued to refuse the taxi even though he explained from the taxi driver that “it is impossible to go to the taxi and to the taxi,” and (b) reported the 112-report, stating that the taxi driver “the son is not getting off the taxi without permission.”

At around 23:10 on the same day, the Defendant: (a) committed an act, such as refusing to get off the taxi, and pushing other passengers who want to board the said taxi, following the Defendant’s actions, such as refusing to get off the taxi, which he was called up at the scene after receiving a report from the head of the Suwon-nam Police Station C District of the Suwonnam Police Station; and (b) obstructing the Defendant from taking advantage of the mobile phone, and committing an act, such as interfering with the situation at the time; and (c) assaulting D’s hand on two occasions.

As a result, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Witnesses D and E's respective legal statements;

1. Application of the Acts and subordinate statutes on documentary evidence CDs;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense, the choice of a fine, and the choice of a fine (including the fact that the defendant makes a confession of a crime late and reflects the fact that the defendant is an initial offender, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;