logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.18 2014고단6822
경범죄처벌법위반등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 100,000 won.

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

Reasons

Punishment of the crime

1. On August 10, 2014, the Defendant violated the Punishment of Minor Offenses Act: (a) on or around 00:05, the Defendant was demanded by Jongno-gu Seoul Jongno-gu 5 to pay KRW 3,000 to taxi drivers D in the vicinity of Sejong-ro 3 while he was boarding a taxi in the vicinity of Jongno-gu Seoul Metropolitan Government, but was unable to properly explain the destination of alcohol due to being drunk; (b) on the other hand, the Defendant did not pay the taxi fee without justifiable grounds while taking a bath to the taxi engineer.

2. Around the time and time indicated in paragraph (1), the Defendant: (a) was arrested as a flagrant offender on account of the act of unsatisfing in a police box located in Jongno-gu Seoul, Jongno-gu as a flagrant offender; and (b) requested 2 and 3 times from G during the process of carrying the said police box to a police station; (c) was assaulted by hand, such as booming the flaps of the said police station, and booming with drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on crime control.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. H’s self-statement;

1. Application of Acts and subordinate statutes to investigation reports (report on screen pictures attached to screen pictures);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), and Article 3 (1) 39 of the Punishment of Minor Offenses Act (the point of freeboard and the selection of fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [the scope of recommending punishment] (in relation to the principal offense), the case where the degree of violence, intimidation, and deceptive scheme is minor (the person under special mitigation] in the mitigation area (one month of imprisonment or eight months of imprisonment), and the degree of punishment is minor (the decision of sentence] in light of the fact that there are several times of past records of punishment and those of punishment for the same kind of crime.

However, the contents of the instant crime.

arrow