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(영문) 서울중앙지방법원 2015.03.13 2015고단107

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On December 28, 2014, around 13:30 on December 28, 2014, the Defendant refused to pay taxi charges in front of marina located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, thereby obstructing police officers’ legitimate execution of duties regarding handling 112 declarations by assaulting the police officers, such as: (a) the police officer C, who was called out after receiving the 112 notification, solicits him/her to pay taxi charges and return home; and (b) he/she was out of C’s face; and (c) he/she was forced to return home.

2. As in paragraph 1, the Defendant expressed a bath that “I must open the front police” to the victim among many people, such as D, when the victim C, who was a police officer, was frightened and went into his/her road, was crypted.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Written statements of D;

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

1. Relevant Article 136(1) of the Criminal Act and Article 311 of the Criminal Act (the point of obstructing performance of official duties and the choice of fines) concerning 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 of the provisional payment order;