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(영문) 부산지방법원 2016.07.15 2016고단1663

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On March 31, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) boarded the victim E in a F-business taxi operated by the victim E on the road located in Busan Northern-gu, Busan, on March 31, 2016; and (b) did not pay KRW 5,520,00 without justifiable grounds, even if the Defendant used the said taxi to return to the surrounding area after finding the bbbbbbbing house and return to the place of riding.

2. The defendant who has obstructed the performance of official duties at the above date, time, and place, and recommended a policeman belonging to the Busan Northern Police Station G District of the Busan Northern Police Station to pay the taxi fare from H, who was dispatched to the above E upon the report of the above E. The defendant shall take out the wallets

At the bottom, H was pushed down on 2 occasions with the hand floor.

Therefore, even after the H's warning that he/she could be punished for interference with the performance of official duties, he/she committed assault, such as "as he/she takes a bath as a seed or a dog, he/she takes a drinking chest once."

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police;

1. Application of the receipt statute

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3(1)39 (a) of the Punishment of Minor Offenses Act (a point of non-election), Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of fines, respectively, for the crimes;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up by the maximum amount of each crime above the punishment determined for the obstruction of the execution of heavier official duties, and aggravated punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act does not pay a charge to a regular taxi engineer who is disadvantageous to the reason for sentencing of the sentence of Article 334(1) of the Criminal Procedure Act, and recognizes and reflects a normal mistake favorable to the fact that the nature of the crime is not good by exercising an assault to a police officer who is performing legitimate official duties, and that the agreement with the victim E is not reached, the degree of assault to the victim H is not severe, and there is no record of criminal punishment for the same crime.