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(영문) 인천지방법원 2015.04.09 2015고단312
공무집행방해
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

On December 28, 2014, at around 21:00, the Defendant: (a) received 112 reports from the police officers affiliated with the Bupyeong-gu Police Station C District of Bupyeong-gu, Bupyeong-gu, Incheon, to the effect that “to be done without paying a taxi fee” on the 5 side of the 287 B-dong-ro, Bupyeong-gu, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, and that “the taxi driver” of B, a taxi driver, was sent to the Defendant; (b) under the influence of alcohol, the Defendant assaulted D’s chest by “to be returned to the taxi fee”; (c) assaulted the Defendant on two occasions, such as having the chest of the said D, and interfered with the police officers affiliated with the same district unit, who continued to restrain it, by assaulting the said E’s trees and the sphers each time, and obstructing the police officers’ legitimate performance of their duties regarding the handling of reports by assaulting the police officers on one-time basis.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol protocol to B, E, and D;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Taking into account the fact that there is no criminal record of the sentencing of Article 334(1) of the Criminal Procedure Act, other than twice a fine due to the same criminal record and the driving under influence of alcohol, and the fact that the provisional payment order is against the law.

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