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(영문) 서울남부지방법원 2016.08.17 2016고단2491
업무방해등
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. The Defendant interfering with his/her duties: (a) 00:25 on April 19, 2016, from around 00:25 to around 00:50 on the same day, when he/she boards a C taxi operated by the victim B in the vicinity of the old-gu Seoul Special Metropolitan City Gwangjin-gu.

In order to ask questions, the victim took a bath, "I am in the house," and the victim prevented the victim from operating the taxi by exposing the disturbance, such as the vehicle going through the inside of the vehicle, thereby obstructing the victim's taxi operation by force.

2. On April 19, 2016, at around 00:50 on April 19, 2016, the Defendant: (a) was arrested by the police officer of the Seoul Mine Police Station D police box affiliated with the police officer E, and the police officer F, and (b) was transported to the D police box located in Gwangjin-gu Seoul Special Metropolitan City, by getting on the back seat of the patrol police box operated by the said F.

Defendant 1 committed assault, such as booming the chief secretary of the patrol vehicle where he was seated in the above E while taking a bath within the above patrol vehicle, booming the back of E with his hand, and sckeing it.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B, E, and F;

1. A report on investigation (verification of black stuffs) and a photograph by cutting a black stuff;

1. Application of Acts and subordinate statutes to report on investigation (scambling images);

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of a workhouse are as follows: (a) the Defendant, without any justifiable reason, committed the instant crimes that interfere with the performance of official duties by assaulting a police officer; (b) although the nature of each of the instant crimes that interfere with the performance of official duties by assaulting a police officer, the Defendant appears to have committed contingent crimes under the influence of alcohol.

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