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(영문) 서울남부지방법원 2016.03.08 2015고단5657
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 13, 2015, at the front of the “C” convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) received a report from a taxi customer to pay a fee; (b) received the notification of a non-exclusive passenger lane from E (V) affiliated with the Seoul Yeongdeungpo-gu Police Station D police station, Yeongdeungpo-gu, Seoul (VV, 27 years old); (c) received the notification of the non-exclusive passenger lane from E (V) who was called to the taxi customer; and (d) received the notification of the complaint from E (V) to patrol another place; and (e) recommended E to return home without having to go to the patrol vehicle; and (e) solicited E to go home.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and patrols by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to work days, investigation reports (F phone search for scams), investigation reports (verification of black images);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine (to take into account the following circumstances):

1. The sentence of a fine like the order shall be imposed in consideration of the following circumstances: (a) the punishment for a crime that disturbs public order by exercising violence against police officers on the grounds of sentencing under Articles 70 and 69(2) of the Criminal Act, such as the commission of violence; (b) however, the degree of violence is not severe; (c) the confession and the serious reflect of the crime in this court; and (d) the absence of the same criminal records and the same kind of criminal records, other than the fine, shall be imposed.

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