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(영문) 대구지방법원 김천지원 2020.06.25 2020고단331
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

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

Reasons

Punishment of the crime

1. On December 28, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) around 23:10 on December 28, 2019, 4,300 won of taxi charges were not paid without justifiable grounds, even though he/she boarded the victim’s E-si in the operation of the victim D, and arrived at the F apartment path, a destination, in front of the F apartment route.

2. The Defendant did not pay the taxi fee as mentioned in the preceding paragraph, and the above D visited the Defendant at the back seat of the taxi and reported the above fact to the police officer by visiting the mountain box of the old U.S. police station.

On December 28, 2019, at around 23:35, 2019, the Defendant: (a) stated that the police officer belonging to the former American Police Station Gferer, who received the said D’s report, requested the Defendant to pay the taxi fee; (b) stated that the above H “CE fri,” and “bring” would be deemed to be a toilet, and that the Defendant would go to the parking lot of the said mountain police station, while taking a bath to the said vessel, according to H that the Defendant would be able to pay the taxi fee by reporting the toilet day at the time of diving; and (b) assaulted H’s chest at once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning civil petition handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Written statements of D;

1. Application of Acts and subordinate statutes on report on internal investigation (a copy of a public official identification card of a victim police officer and posting a work log);

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

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the Detention in Labor House (where a suspended sentence of a fine is invalidated or revoked);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment;

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