logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.03.16 2016고단7085
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 2, 2016, the Defendant violated the Punishment of Minor Offenses Act, around 02:16, the Defendant was on board C taxi in front of the water station located in Suwon-si, Suwon-si, which was driven by the victim B, and did not pay KRW 8,760,00 without justifiable grounds after arriving in front of the fixed door of the Sinwon-si, Sinwon-si, Sinwon-si, Sinwon-si.

2. On October 2, 2016, at around 02:40, the Defendant: (a) committed assault, such as: (b) the police officer E of the police box affiliated with the police box of Suwon-gu Police Station D, who was dispatched after receiving 112 a report on the same ground as the preceding paragraph, and (c) the police officer, who took part in a request for a trial on the ground of the non-standing vehicle, and (b) the police officer, who took part in the request for a trial on the ground of the non-standing vehicle, having tightly carried the right shoulder of F on a hand; (c) continuously tightly carried the clothes of E with both hand, and then pushed the E once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E, F, and B;

1. Investigation report (Analysis of screen images at the site);

1. Application of the Acts and subordinate statutes to the victim's A image CDs and video-fashion photographs;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 3 (1) 39 of the Punishment of Minor Offenses Act (the Punishment of Minor Offenses) of the same Act concerning the crimes;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the execution of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by mutual consent among persons who are more severe);

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the aggregate of the amounts of two crimes above shall be added];

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was punished by a fine of KRW 2 million due to interference with the performance of official duties in around 2009. Although the Defendant was punished by a fine of KRW 2 million due to the crime of this type, the Defendant again commits the instant crime even though he was punished by a fine of KRW 2 times.

arrow