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(영문) 서울남부지방법원 2019.11.27 2019고단4661

경범죄처벌법위반등

Text

A defendant shall be punished by imprisonment for a period of four months and a fine of one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Minor Offenses Act: (a) around 01:20 on August 30, 2019, on a taxi operated by B, a taxi engineer, was on the front road of Yeongdeungpo-gu Seoul Metropolitan Government, the destination of which was a taxi engineer, and did not pay 20,700 won of taxi charges without justifiable grounds.

2. On August 30, 2019, the Defendant reported 112 at the place indicated in paragraph (1) around 01:40 on August 30, 2019 that “no son will pay a taxi fee,” and used a bath to E, a police officer belonging to the Seoul Yeongdeungpo Military Police Station D District Unit, who called the site, and assaulted E by hand at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. B’s statement and receipt;

1. Damage photographs;

1. Application of Acts and subordinate statutes to investigation reports (victim B);

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (1) 39 of the Punishment of Minor Offenses Act (hereafter referred to as "leviation of a fine"), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include the background, method and content of the instant crime, the fact that the Defendant is against the Defendant, the fact that there is no record of criminal punishment exceeding the fine, and other factors of sentencing indicated in the arguments and records of the instant case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc.