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(영문) 서울서부지방법원 2013.12.19 2013고단1270
공무집행방해등
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an unqualified person.

On March 24, 2013, around 12:15, a defendant standing on the street before the police box located in Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government, requesting a taxi engineer to assist a police officer because the defendant did not take a bath to a taxi driver and do not leave the taxi on the number string that he was getting on front of Yongsan-gudong, Yongsan-gu;

A. On the ground that the captain of the D police box, the victim of the obstruction of performance of official duties, demands the cab to get off the cab, assaulted the victim’s inside room at one time, and was arrested as an offender in the crime of obstruction of official duties, and was carried out within the D police box. On the other hand, the Defendant’s cell phone in his hand was carried out by the victim, and the police officer’s legitimate performance of official duties was interfered with the police officer’s legitimate performance of duties.

B. The victim spits F’ face on the victim F’s face on the ground that the Defendant continued to be spite at the above date, time, and place, and the victim openly insultd the victim by “a bitch bitch chine” and “a bitch bitch bitch bitch bitch bitch bitch bitch.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Article 136 (1) or 311 of the Criminal Act applicable to the relevant criminal facts. Article 136 (Selection of Penalty Surcharge)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act is that the defendant commits a crime of obstruction of performance of official duties or insult is not that of such crime.

However, in consideration of all the circumstances, such as the fact that the defendant has the same impulse disorder, the fact that the defendant is against the defendant, and the age, character and conduct, the environment of the defendant, and the circumstances after the crime, the punishment as the order shall be determined.

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