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(영문) 춘천지방법원 2015.10.20 2015고단834

공무집행방해등

Text

Defendant shall be punished by a fine not exceeding 3.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Around 00:50 on June 30, 2015, the Defendant: (a) went on a rocketing taxi driven by B; (b) but refused to take a bath to B; and (c) thereby, reported the following to the police according to the Chuncheon Police Station E zone located in Chuncheon City, Chuncheon; (d) B’s driving of the said taxi.

The Defendant, at the front of the above E District, was urged to return home by paying a taxi fee from F in the circumstances surrounding the E District affiliated with the said E District, upon receiving a report, at the same time and at the same time, he expressed F the Defendant’s face.

As such, the Defendant assaulted police officers F, thereby obstructing police officers from maintaining social order and performing their legitimate duties relating to crime prevention.

2. The Defendant, at the time and place specified in the preceding paragraph, arrested a flagrant offender and entered the said E Zone by committing an act of obstructing the performance of official duties, such as the preceding paragraph.

그러자, 피고인은 위 B와 피해자 F(48세) 등 경찰관 5명이 있는 가운데 피해자에게 ‘씨발놈아, 저새끼 좆까고 있네 저 돼지같은 새끼, G 똥구멍을 핥아라’고 욕설하였다.

As such, the Defendant insultd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. B written statements;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 136 (1) and 311 of the Criminal Act applicable to the relevant criminal facts;

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

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 (Article 334(1) of the Provisional Payment Order (Article 334(1) of the Criminal Procedure Act provides that a punishment shall be imposed in consideration of the following circumstances: (a) although the nature of the crime is extremely poor when examining the contents of the crime in this case; (b) the fact that the defendant was living together in the state of his detention; (c) the defendant has not committed a crime exceeding the fine;