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(영문) 서울동부지방법원 2020.05.27 2020고단705

공무집행방해등

Text

Defendant shall be punished by a fine of four 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. The Defendant violated the Punishment of Minor Offenses Act around 00:50 on January 18, 2020, when boarding a cab operated by the injured party B from the distance of eating alley in front of Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government on the same day, arriving in front of the police box located in Gwangjin-gu Seoul Special Metropolitan City on around 01:10 on the same day, and did not comply with the injured party’s demand for payment of taxi fees under the influence of alcohol.

Therefore, the defendant did not pay 22,00 won without justifiable reasons even though he/she was aboard a taxi.

2. At around 01:30 on January 18, 2020, the Defendant: (a) took a bath to demand the payment of taxi fares and the return to home from the police officer F of the Seoul Mine Police Station Embs, and (b) took the bath to “sprinks, sprinks, sprinks, and sprinks” by hand; (b) took a strong look at both sides of the above F; (c) took the sprinks containing water; and (d) assaulted the police officer with the right side part of the above F, which continued to restrain it, by shouldering the F’s bucks.

As a result, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. B written statements;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Relevant provisions of Article 136(1) of the Criminal Act for criminal facts, Article 3(1)39 of the Punishment of Minor Offenses Act, selection of fines (the first offender, the depth of the second offender, and the payment of taxi expenses), and other circumstances;

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;