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(영문) 의정부지방법원 2016.03.31 2016고단326
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 40,000 won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. From November 1, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) around 02:50 on November 1, 2015, the Defendant 26,000 won of taxi fares were not paid without justifiable grounds in front of the E-cafeteria located in the Southern-si, Nam-gu, Seoul Metropolitan Government, where the victim B was on board and did not have any intent or ability to pay taxi fares; (b) the Defendant was driving the taxi to up to 03:20 on the same day; and (c) the Defendant did not pay taxi fares of 26,00 won

2. On November 1, 2015, the Defendant interfered with the performance of official duties: (a) around E 04:00, in front of the E cafeteria located in Namyang-si, and (b) around 112, the police box of the Namyang-gu Police Station, which was called after receiving a report, was solicited by G police officers affiliated with G to pay taxi expenses; (c) carried the said G’s chest on his hand over the floor of a hand-tightly pushed down; and (d) sealed the head debt of the said G by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by public officials on the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police in relation to G and B;

1. A report on investigation;

1. Investigative reports (to hear statements from victims);

1. Application of the Acts and subordinate statutes governing G Patrols;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), Article 3 (1) 39 of the Punishment of Minor Offenses Act (the point of freeboard, and choice of fine) concerning the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of obstructing the performance of official duties is a crime that undermines the function of the nation by nullifying the legitimate exercise of public authority, and thus requires strict punishment for establishing national legal order and eradicating the light of public authority, and circumstances favorable to the fact that there is no data to have paid taxi expenses to the public: The confession of the crime and the mistake are against the law, and the defendant commits the crime of this case in a contingent manner under the influence of alcohol.

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