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(영문) 서울중앙지방법원 2014.09.30 2014고단5994
공무집행방해등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 8, 2014, at around 02:35, the Defendant: (a) recommended the Defendant to return home in return for taxi expenses and return home, and (b) the slope E belonging to the Seoul Hyeung Police Station Diplomatic Police Station, which was dispatched after receiving a report of 112 that he did not pay a taxi fee in front of the Jongno-gu Seoul Metropolitan apartment Maropo, the Defendant expressed his bath to the effect that “I will not sweet for smoking. He shall write off, sweet it, and swelve to swel it,” and carried the chest two times by hand.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of E;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Around 02:20 on May 8, 2014, the Defendant, at the top of a hotel in front of the hotel in Mapo-gu Seoul, Mapo-gu, Seoul, and at the front of the Seoul Jongno-gu, Jongno-gu, Seoul, where the victim F is getting a taxi driven by the victim F, insulting the victim by openly insulting the victim “the victim, fluor equal to the bit of bitch bitch, son,” while drunking from a taxi without any justifiable reason, at least five persons are reporting to be drunk at a taxi.

2. The facts charged in this part of the judgment are crimes falling under Article 311 of the Criminal Act, and can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act.

However, on September 12, 2014, after the indictment of this case was instituted, victim FF can recognize the fact that the complaint of this case was withdrawn against the defendant. Thus, pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act, the prosecution against insult of the facts charged of this case is dismissed.

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