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(영문) 수원지방법원 안양지원 2016.07.29 2016고단446
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. On March 12, 2016, the Defendant: (a) took a taxi operated by the victim B while drunkly drinking in the vicinity of the old world during Ansan-si on March 12, 2016; (b) refused to get off the taxi at around 07:20 of the same day even if the above taxi was for the same purpose, the Defendant refused to get off the taxi; and (c) even if the Defendant received a request from the police officer dispatched to the scene upon receiving a report from the victim for re-stopping the taxi at the scene, the Defendant would have to get off the taxi.

In this context, the victim's taxi business was obstructed for about 15 minutes since he was well aware of, and did not get off from a taxi.

2. The Defendant was demanded by the head of the police station D District E ( South, 34 years old) affiliated with the police station D District of the same police station, within the limit of 1st time, and at the same place, to leave the taxi from the taxi. The Defendant, among police officers different from the above B, is ordered by the victim “a rings, four-year-old, four-year-old, four-year-old, four-year-old, all of which are sent to the scene;

C. The victim publicly insultingd the victim by “C.”

3. 공무집행 방해 피고인은 2016. 3. 12. 10:20 경 안양만 안 경찰서 F 계 사무실에 위 제 1, 2 항 범행으로 인하여 현행범 체포된 후 인치되어 있던 중, 담배를 피우겠다며 사무실 밖으로 나가려고 하였다가 경장 G으로부터 제지를 당하게 되자, 위 F 계 소속 경장 G에게 " 씨 발 놈들 아, 내가 뭘 잘못했는데 “라고 고함을 치고 발로 위 경장의 낭 심 부분을 걷어찬 다음, 이어 F 계 사무실 책상에 설치된 파티션을 발로 찼다.

Accordingly, the defendant interfered with the legitimate performance of official duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of B’s written laws and regulations;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 311 of the Criminal Act;

1. Each selective fine for punishment;

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