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(영문) 서울북부지방법원 2020.01.30 2019고단4276

경범죄처벌법위반등

Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

On April 11, 2018, the Defendant was sentenced to six months of imprisonment for a special injury by the Seoul Northern District Court, and completed the execution of the sentence in the Seoul Eastern Detention Center on October 10, 2018.

1. On September 12, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) while boarding a taxi operated by B on September 12, 2019, the Defendant did not impose 4,600 won for usage fees, without justifiable grounds, even though he/she moved from the vicinity of the Seoul Jung-gu C Apartment to D in Seoul, Jung-gu.

2. On September 12, 2019, the Defendant: (a) received 112 report from a police officer belonging to the Seoul Jung-gu Police Station who called to the same place on September 12, 2019, to the effect that he would not lose his son; (b) refused to identify his personal information from a police officer belonging to the Seoul Junggu Police Station to be subject to a notification of violation of the Punishment of Minor Offenses Act; (c) illegally arrested a flagrant offender; and (d) upon boarding the patrol vehicle, interfered with the police officer’s legitimate performance of duties on handling the said 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. B written statements;

1. A written statement;

1. A report on investigation (related to taxi fares);

1. Previous records of judgment: Application of statutes, such as a statement of criminal records, a criminal investigation report (a copy, etc. of the judgment), a copy of the judgment, etc.;

1. Relevant Article of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), and Article 3(1)39 of the Punishment of Minor Offenses Act (the point of freeboard and the selection of fines);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment alleged that the Defendant has made a lot of taxi charges, and did not pay them without justifiable reasons, and the police officer dispatched to the return of the taxi article eventually made a notification disposition, and announced the personal information.