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(영문) 서울남부지방법원 2021.02.05 2020고단4733
경범죄처벌법위반등
Text

A defendant shall be punished by imprisonment for a term of six months and a fine of one hundred thousand won.

If the defendant does not pay the above fine, 50,000.

Reasons

Punishment of the crime

1. On July 31, 2020, the Defendant violated the Punishment of Minor Offenses Act: (a) was asked to pay KRW 28,400 to taxi charges without justifiable grounds, even though he/she was on board a C taxi in front of the Samyang-gu Seoul Metropolitan Government D building at the destination, and was asked to pay KRW 28,400 to the taxi charges in front of the building at the destination of the Gangseo-gu Seoul Metropolitan Government D.

2. On July 31, 2020, the Defendant: (a) went to France due to the problem of taxi engineer B and fare in front of the Gangseo-gu Seoul Metropolitan Government D Building; (b) was sent to the site after receiving a report on 112; (c) took a bath for the Defendant to pay the taxi fee from F, a police officer belonging to the Seoul Police Station E Zone in Seoul, which was dispatched to the site after receiving a report on 112; and (d) took a part of F’s arms once drinking out; and (e) G, a police officer belonging to the same district group, took two times the head.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to witness B, F, and G’s respective statutory statement taxi receipts, photographs;

1. Article 3 (1) 39 of the Punishment of Minor Offenses Act (hereafter in Article 3 (1) 39 of the Punishment of Minor Offenses Act) and Article 136 (1) of the Criminal Act (hereafter in Article 136 (1) of the Punishment of Minor Offenses Act) concerning the crime;

1. Punishment of a fine and imprisonment with prison labor for a violation of the Punishment of Minor Offenses Act, Article 40 and Article 50 of the Commercial Concurrent Crimes Act, and for a violation of the Punishment of Minor Offenses Act;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 3341) is one time prior to a fine, and the degree of interference with the execution of official duties is minor;

In addition, various circumstances, such as the Defendant’s age, sexual conduct, environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, are difficult to see.

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