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(영문) 대구지방법원 포항지원 2018.11.07 2018고단1117
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On June 1, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) was boarding a D taxi operated by the injured party C in the north-gu B at a port and port on June 1, 2018; and (b) did not pay KRW 7,440,00,00, even though the Defendant arrived at the G police box located in F in the north-gu in the port of port via the North-gu E market at the port and port of call on the same day.

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

2. On June 1, 2018, the Defendant: (a) received a report from C, a taxi engineer, at the vicinity of the G police box located in the north-gu F at the port of port on June 1, 2018; and (b) received the report from the Defendant, the Defendant took a sudden bath to the effect that “a taxi fee is paid and A” is “A” from the security guards assigned to the said police box; and (c) was prevented from stopping.

“In doing so, assaulted such as drinking H’s face twice every year.”

As a result, the defendant interfered with the legitimate execution of duties concerning the protection of police officers' property and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and H;

1. Application of Acts and subordinate statutes on a taxi charge receipt;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (1) 39 (a) of the Punishment of Minor Offenses Act (a point of freeboard), and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties);

1. Selection of each alternative fine for punishment (such as the fact that the defendant has no record of punishment for the same kind of crime, the amount of damage caused by a non-standing passenger is minor, and the police officer is not actually determined in the case of interference with the performance of official duties, and the fact that the defendant acknowledges a mistake);

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

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

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

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