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(영문) 서울서부지방법원 2014.08.08 2014고단1198
공무집행방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 9, 2014, at around 04:0, the Defendant: (a) went on a taxi driven by, and was not getting off from, the taxi at the seat of, Eunpyeong-gu Seoul Metropolitan Government “D” before the taxi; (b) and (c) the Defendant, upon receiving the 112 report, called “Seoul, a police officer belonging to the F District District of the Eunpyeong Police Station,” saying, “I am out of the taxi,” and interfered with the legitimate execution of duties concerning the maintenance of order by assaulting the instant G, i.e., police officers, by putting in line with her hand, by demanding him/her to get off the taxi at the taxi, which is a police officer belonging to the F District of the Eunpyeong Police Station, on the ground that he/she gets out of the taxi.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements in G and E;

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

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, where the crime of this case was committed by assaulting a police officer in the course of performing official duties while wearing a uniform, is not less than the punishment for the crime, but the primary crime is recognized by the defendant's mistake and reflects it, and other conditions of sentencing such as the defendant's age, character and conduct, environment, motive and method of the crime of this case, and circumstances after the crime are taken into consideration.

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