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(영문) 서울서부지방법원 2018.04.11 2018고단395
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On January 17, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) the Defendant was boarding a C-si operated by Yongsan-gu Seoul Metropolitan Government on the ozone-distance located in the south-dong located in Yongsan-gu, Yongsan-gu; and (b) the Defendant did not pay a taxi fee of KRW 23,200,00, even though he/she arrived in front of the Eunpyeong-gu Seoul Metropolitan Police Station.

As a result, the defendant did not pay a certain value without good cause on board a business vehicle.

2. On January 17, 2018, the Defendant: (a) around 23:55, the Seoul, at the Eunpyeong-gu Seoul Metropolitan Government on the front of the E District in the Eunpyeong-gu Seoul Police Station, used the Defendant’s assaulted the Defendant, who was requested to pay the taxi fare from F in the surrounding area of the said district on the front of the E District in the Pyeongtaek Police Station E District; and (b) caused the Defendant’s appearance of the said F on one occasion, such as bucking down the head car twice in his hand and spiting the face twice.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the general report and civil petition handling of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. A copy of the taxi charge invoice;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act, Article 3(1)39 of the Punishment of Minor Offenses Act, and the choice of fines, respectively, 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The circumstances that are favorable to the fact that the defendant has committed a crime, such as taking violence against a police officer who performs his/her duties and her face spitation, etc., and that the defendant has agreed with a taxi engineer, taking into account all other circumstances that form the conditions for sentencing as shown in the arguments of this case, such as the defendant's age, sex behavior, career, home environment, motive for committing a crime, and circumstances after committing a crime;

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