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(영문) 서울북부지방법원 2019.07.26 2019고단1046
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. No person shall reverse any motor vehicle for business use in violation of the Punishment of Minor Offenses Act without justifiable grounds;

Nevertheless, around 03:26 on March 8, 2019, the Defendant was boarding a taxi operated by the victim B in the Buddhist area of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as Yeongdeungpo-gu) on the same day, and around 03:57 on the same day, the Defendant escaped from the taxi without paying 18,000 won to the taxi in front of the exit area of 102 Seongdong-gu Seoul Seongbuk-gu, Seongbuk-gu, Seoul, without justifiable grounds.

2. The Defendant interfered with the performance of official duties in relation to the handling of a police officer’s report case by taking the handbag, in possession of the Defendant, who escaped from a slope C belonging to the Seongbuk Police Station C, who was dispatched to the scene upon receiving the report of the above paragraph (1), at the time and place, and obstructed the police officer’s legitimate performance of official duties in relation to the handling of the report case.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's partial statement B, each police statement B, and each statement prepared in D to investigate into the defendant's written statement (related to telephone conversations investigation into witness E);

1. Relevant legal provisions concerning criminal facts, Article 3(1)39 of the Punishment of Minor Offenses Act (a point of without fault), Article 136(1) of the Criminal Act, and the choice of fines (a point of obstructing performance of official duties), and the choice of fines (a point of viewing the Defendant as a substitute for the crime of this case and reflects the wrongness of the Defendant; a victim B paid a taxi fee, etc. and agreed on the payment to the victim B, and the victim did not want to be punished against the Defendant; and D, who is the other party to the crime of obstructing performance of official duties, expressed

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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