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(영문) 서울중앙지방법원 2018.09.11 2018고단614
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was boarding a “C” taxi operated on January 9, 2018, and used the said taxi from the Gangseo-gu Seoul Metropolitan Government Gu Community Center to the day of the police box box in Seoul Gwanak-gu Police Station Down Police Station. However, the Defendant was spit, spit, spit, and did not pay KRW 17,00,000 on a taxi that is operated by the Defendant.

Around 05:50 on January 9, 2018, under the influence of alcohol, the Defendant: (a) committed assault, such as spitation, spitation, and spitation, etc. on the roads of the D police box located in Gwanak-gu in Seoul Special Metropolitan City; (b) on the roads of the D police box located in Gwanak-gu in Seoul Special Metropolitan City; (c) on the roads of the D police box in front of the D police box where there is a customer who satisfing in the taxi, and soliciting the Defendant to pay for the taxi expenses and return to the taxi; and (d) on the satfing of the sat, the Defendant took a bath to the satf of the Seoul sat police box, “I am to sat, satfing satch,” and satching the satfing

On the other hand, while the Defendant was arrested as the current offender of the crime of interference with the performance of official duties and was carried out within the police box, the Defendant assaulted the Defendant, such as the defect that Ha, who was working at the place, caused the Defendant to be able to confirm the identity of the Defendant, and walking the above H’s above Ha on one occasion of walking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning civil petitions and arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness F and G;

1. Each police statement made to F, G, and H;

1. B written statements;

1. Investigation report (verification of CCTV images by a police box) (applicable to statutes;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;

1. Article 10(2) and Article 55(1)6 of the Criminal Act for the mitigation of mental and physical weakness (not recognized as having reached the degree of a serious injury);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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