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(영문) 서울동부지방법원 2015.09.10 2015고단2056

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 14, 2015, at around 00:05, the Defendant: (a) boarded a taxi in front of 181-9 Mail-dong, Songpa-gu, Seoul, 181-9, a taxi engineer B, and was under influence of alcohol to B during the time of destination; and (b) the Defendant: (c) stopped the said taxi in front of the Seoul Songpa-gu, Seoul, Songpa-gu, Seoul, and requested F (32 years of age) to assist the police officer working there.

피고인은 위 F으로부터 “무슨 일이 있었나요”라는 말을 듣자 “야! 이 개새끼야! 미친 새끼! 네가 뭘 알아! 네가 봤어 ”라고 욕설을 하면서 오른손으로 위 F의 왼쪽 얼굴 부분을 1회 때렸다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. B written statements;

1. Application of the Acts and subordinate statutes on the screen of a damaged photograph of the assault or CCTV course;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: (a) a person has been convicted of violence in 2011; (b) a person has committed the instant crime again; (c) a person has been convicted of a fine before committing the instant crime; (d) a person has been convicted of a fine before being sentenced to a favorable condition, such as the fact that the nature of the instant crime is not good; (c) a person has committed a mistake; (d) a person has committed a crime against himself; and (e) it is difficult to deem that the result of damage as an contingent crime is very serious