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(영문) 부산지방법원 2018.10.19 2018고단605
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant, on December 13, 2017, was boarding a taxi operated by the Victim F (hereinafter “F engineer”) on the roads front of the branch office of the Geum-gu Busan Bank of Korea located in Seo-gu, Busan on December 13, 2017, and entered the taxi at the same time that the taxi is for the purpose, but did not pay the taxi fee to the F engineer without good cause.

2. After 15 minutes have passed since the Defendant did not pay taxi charges on the same day as that of paragraph 1, the Defendant was demanded to present identification cards from the head of the H G G GG that was called on the street in front of Busan Dong-gu, Busan at around 01:15 (hereinafter “I”) by the head of the I G GG who was called on the street, and was asked to present identification cards from the head of the I GGG that was called on the street in front of the GG.

Accordingly, the Defendant interfered with the legitimate execution of official duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court (the third public trial);

1. Legal statement of the witness F engineer;

1. Application of Acts and subordinate statutes on the statement protocol to I police officer;

1. Relevant provisions of the Act on the Punishment of Minor Offenses and Article 3 (1) 39 of the Punishment of Minor Offenses Act (Penalty) Article 136 (1) of the Criminal Act against the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the scope of recommendations] The basic area (six months to one year and six months) (the decision of sentence] is within the scope of the above sentence according to the sentencing guidelines as to the obstruction of performance of official duties. The crime of this case includes the violation of the Punishment of Minor Offenses Act in addition to the obstruction of performance of official duties, and the same criminal record as to the obstruction of performance of official duties.

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