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(영문) 서울동부지방법원 2015.09.03 2015고단1721
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 04:20 on May 7, 2015, the Defendant was asked about the reasons why he did not pay a taxi fee from the border F belonging to the Seoul Songpa Police Station E-gu, Seoul, which was dispatched after receiving a report of 112 of the taxi article while he was working in front of the D convenience point located in Songpa-gu Seoul, Songpa-gu, Seoul.

The Defendant, without responding to the question, takes a bath, and the circumstances where G belonging to the said district forces, intended to leave the scene, taken the Defendant by a camera, which was possessed to collect evidence. The Defendant scambling the left hand of the said G by hand, left hand of the said G, and the Defendant arrested the Defendant as a flagrant offender of the obstruction of performance of official duties, and arrested the Defendant as a flagrant offender at the back seat of the police vehicle, and the Defendant used the above G’s right shoulder and the wheel part of the elblue part of the said G, which was seated in the police vehicle, with the wheels of a hand-to-face.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A H statement;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 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 crime in this case is committed in a favorable condition such as the fact that the nature of the crime is not good: the first crime; the fact that the crime in this case is committed against the situation when the crime is committed; the degree of violence is difficult to be deemed severe as a contingent crime; and deposit KRW 50,000 for police officers G; and other factors for sentencing indicated in the arguments and records of this case shall be determined by comprehensively taking into account various factors for sentencing as ordered.

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