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(영문) 서울북부지방법원 2015.04.23 2015고단188
공무집행방해
Text

1. The defendant shall be punished by a fine of KRW 3,000,000 (three million);

2. When the defendant does not pay a fine, 10,000 won.

Reasons

Punishment of the crime

On December 14, 2014, at around 02:37, the Defendant: (a) did not pay a taxi fee on the front of the Home Packer in Dobong-gu Seoul, Dobong-gu, Seoul, on the top of the Home Packer, the Defendant 112 reported during the punishment of taxi drivers and Si expenses; and (b) spit off the taxi on the front of the Home Packer who was sent to the site on his own hand without any reason to ask questions about the reasons why he did not pay a taxi fee or pay the taxi fee from D, who is the police officer assigned to the Seoul Don Police Station for the Seoul Don Police Station, on the front of the Home Packer, and was spited on the face of D on one occasion, without any reason.

At around 03:00 on the same day, the Defendant was arrested as a flagrant offender of the crime of obstruction of performance of official duties, and was carried out by the Seoul Dobong-gu Seoul Dobong-gu Police Station C police box located in F, and voluntarily left the police box and was removed from E, and when E faces as both hands.

After all, the defendant interfered with the police officer's 112 report processing and the legitimate execution of duties concerning the investigation of the case.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of E’s written statement, and police statement of D;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment to video CDs);

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for the obstruction of performance of official duties for E, the aggravated punishment);

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;

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