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(영문) 대구지방법원 서부지원 2017.01.13 2016고단2140
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On September 13, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) on September 13, 2016, the Defendant did not pay 14,040 won of taxi rates without justifiable grounds, even though the Defendant used a D taxi operated by the Victim C to B district district district district district district district located in Daegu-gu from Jung-gu, Daegu-gu to Daegu-gu, Daegu-gu.

2. The Defendant interfered with the performance of official duties at around 02:10 on the same day, recommended the Defendant to pay the taxi expenses and return home to the Defendant by the police officers affiliated with the said patrol group at around 02:10 on the same day.

“Along with the starting cost, the chest part of the chest part of the above E was tightly sealed once by the right hand, and the son part of E was collected once by the head.

Accordingly, the defendant interfered with the maintenance of police officers' order and legitimate execution of their duties concerning civil petition handling affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A taxi charge receipt;

1. Application of the Acts and subordinate statutes to the B earth's night duty and a copy of a public official identification card;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), Article 3 (1) 39 of the Punishment of Minor Offenses Act (the point of freeboard, and choice of fine) concerning the crime;

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 (limited to fines) for the attraction of a workhouse;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (with respect to imprisonment, it is necessary to severely punish a crime interfering with the performance of official duties in order to establish a legal order and eradicate the light of the public authority, and the criminal liability of the defendant appears to have been recognized as a crime, but there is no criminal history after the suspended sentence was sentenced due to attempted crimes committed in 2007, etc., and the degree of interference with the performance of official duties is significant;

Considering the fact that cannot be seen)

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