(영문) 서울중앙지방법원 2015.10.02 2015고단4918

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(영문) 서울중앙지방법원 2015.10.02 2015고단4918

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. Around 01:00 on August 4, 2015, the Defendant: (a) avoided disturbance, such as taking a hand-on phone in the front of Gangnam-gu Seoul, Seoul; (b) while being on a taxi driven by the victim C while under influence of alcohol; (c) requested a police officer who was in the vicinity of the taxi to assist the victim while stopping the taxi; and (d) carried the neck back with the back bend, she laid down by the Defendant who was reported by the taxi.

Accordingly, the defendant damaged the above taxi owned by the victim so that the sum of repair costs of KRW 858,00 is equivalent to the 858,000.

2. The Defendant: (a) took an inquiry of the Defendant’s address, etc. from E in the circumstances surrounding the Seoul Western Police Station D District D District at the above time and place of obstruction of performance of official duties; (b) spiting the Defendant’s face; (c) spiting the Defendant’s face; and (d) spiting it into his left hand; and (c) booming the blap by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of police officers' lives, bodies, and property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of the statutes governing photographs and estimates for inspection and maintenance of motor vehicles;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act (the point of obstructing performance of official duties), Article 366 of the Criminal Act, and the choice of fines for the crime;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include the fact that the defendant recognized a mistake and reflects the fact that the defendant committed the instant crime in a contingent manner under the influence of alcohol, the fact that he/she agreed with the victim C, and other factors indicated in the records of this case, such as the defendant’s age, character and conduct, family relationship, home environment, motive and means of the

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