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(영문) 서울서부지방법원 2014.10.22 2014고단1378

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

At around 23:20 on May 29, 2014, the Defendant publicly insultingd the victim by openly insulting the victim by referring the victim D (64 years of age) who is a taxi engineer, while making a dispute with the police officers, employees, etc. of the gas station in Seodaemun-gu Seoul, Seoul, upon receiving 112 reports from the police officers, and the employees, etc. of the gas station.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

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

1. Parts of the offense under Article 334 (1) of the Criminal Procedure Act against the provisional payment order;

1. On May 29, 2014, at around 23:20, the Defendant filed a report with 112 on the grounds that he did not arrive at the required destination after getting off a taxi operated by D in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and obstructed legitimate execution of duties concerning the maintenance of public security and order of police officers by assaulting the face of the above E on two occasions with a cell phone used by her hand to “a civil petition report shall be 120 and a time limit for paying a taxi fee,” which is the police officer of the Seoul Mapo-gu police station, who was dispatched upon receipt of the report, to “a civil petition report shall be 120”.

2. Determination

A. The crime of obstruction of the performance of official duties under Article 136(1) of the Criminal Act is established when the public official who performed his/her duties assaults or intimidates. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the evidence alone submitted by the prosecutor is insufficient to recognize that the defendant assaulted the police officer E, and there is no other evidence to prove otherwise.

1) A police officer E (the same as a female police officer at that time) who was called out after having been given an order to stop with a taxi engineer D and was called out after having been given a 112 report.