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(영문) 서울북부지방법원 2014.09.18 2014고단2424

공무집행방해등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On July 12, 2014, at around 07:00, the Defendant was requested to pay taxi charges from the backgroundF (the age of 52) who was the victim of the Seoul Gangseo-gu Police Station E District E District, who was called out after receiving a report of D and received the notification of D in relation to the assaulting D without paying the charges, when he/she returned home by using a taxi for D operation at around 105, 1703, Gangnam-gu Seoul Metropolitan Government.

그러나 피고인은 위 피해자 F에게 “야, 이 짭새 새끼야! 네가 뭔데 택시비를 주라 마라 하냐 ”라고 하면서 발로 피해자의 정강이를 1회 차고, 양손으로 피해자의 멱살을 잡아 흔들고, 주먹으로 얼굴 부위를 2회 때리고, 손톱으로 얼굴 부위를 할퀴는 등 폭행하여 피해자에게 약 2주간의 치료를 요하는 상세불명의 뇌진탕 등의 상해를 가함과 동시에 경찰공무원의 범죄예방 및 질서유지 등에 관한 정당한 직무집행을 방해하였다.

2. At around 07:20 on the same day as the preceding paragraph, the Defendant: (a) expressed to the above I, who was in front of the E District E District in Gangnam-gu Seoul, and was demanded to get off the patrol vehicle for the foregoing reason and then arrived at the patrol vehicle; and (b) expressed that I “I am sphere, sphere, sphere, sphere, sphere, sphere, and sphere, sphere, and interfere with the police officer’s legitimate execution of duties regarding the suppression and investigation of the crime.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F, I, and D;

1. Application of Acts and subordinate statutes of a photograph and bodily injury certificate;

1. Relevant Article of the Criminal Act and Articles 136 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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

1. The order of provisional payment;