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(영문) 대구지방법원 2019.10.30 2019고단4150
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On June 29, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) on or around 02:45, the Defendant was boarding a C taxi operated by B in the vicinity of the Seo-gu Seo-gu, Seo-gu, Daegu, and did not pay KRW 17,000 of the fee without any justifiable reason while drunkly using the said taxi in front of the door of the D University located in Daegu North Korea.

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

2. In order to verify personal information from the slope F belonging to the Daegu East East Police Station E-gu East Police Station E-gu, Daegu Police Station, which was called upon 112 reports at the time and place specified in paragraph (1), the Defendant committed assaulting F’s face on one occasion by using a cell phone due to the defect that F intends to photograph the Defendant’s act with a cell phone.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A copy of employment card or public official card;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 3, 6, 10 of the evidence list);

1. Relevant Article of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), and Article 3(1)39 of the Punishment of Minor Offenses Act (the point of freeboard and the selection of fines);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Articles 70(1) and 69(2) of the Criminal Act (as regards the punishment of a fine) of the Criminal Act for the confinement in a workhouse;

1. Article 62 (1) of the Criminal Act (limited to imprisonment);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. Determination of sentence: The following circumstances and the defendant's age, character and conduct, environment, motive, means and result of the commission of the crime;

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