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(영문) 인천지방법원 2016.11.02 2016고단3773
공무집행방해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2016 Highest 3773] On May 26, 2016, the Defendant assaulted D’s face on the hand floor without any justifiable reason, such as: D public officials belonging to the C community service center, and E, social work personnel, who are in charge of regulating vehicles violating parking and stopping regulations on the roads in front of the building in Nam-gu Incheon Metropolitan City, Incheon; D’s face at one time; and E’s entry log to restrain the Defendant from being in possession with sloter and paper.

Accordingly, the defendant interfered with the legitimate execution of duties of the public officials belonging to the C community service center on the crackdown on the violation of parking and stopping.

[2016 Highest 5593] On August 7, 2016, the Defendant was boarding as if he would pay a charge to G-si operated by the Victim F in front of the Southern-gu Incheon Metropolitan City Mansan-ro 176 Mansan District.

In fact, however, the defendant did not have the intention or ability to pay the taxi fee even if he was on board the victim's taxi because there is no cash to pay the taxi fee and there is no other way to pay the taxi fee.

The Defendant had the victim operate the same taxi to the 668 Incheon Southern-dong Police Station as the Namdong-gu Incheon Metropolitan City, and did not pay an amount equivalent to 5,400 won of the fee, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to the F Statements;

1. Article 136 (1) of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. Although there are many violent crime records for sentencing of Article 334(1) of the Criminal Procedure Act, in the case of obstruction of performance of official duties, the degree of assault is relatively minor.

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