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(영문) 서울북부지방법원 2017.10.13 2017고단3639
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. Around July 22, 2017, the Defendant who interfered with the performance of official duties was in dispute over the payment of taxi articles E and fare within the D District located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. Around July 22, 2017, the Defendant assaulted the Defendant at his/her hand, her hand, who was solicited the payment of the fee from the horse F belonging to the D District Police Station, which treats the foregoing E’s civil petition, without any special reason, by taking a bath, such as “Chewing flag”, and without any special reason.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of civil petitions by police officers.

2. From July 22, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) around 02:41, 201, the victim E was on board a victim’s I-business taxi in Nowon-gu, Seoul Special Metropolitan City; (b) around 03:04 on the same day, the Defendant moved around approximately 7.3 km to the front of the D branch located in Seongbuk-gu Seoul Metropolitan Government, but did not set up a value of KRW 10,800 of the said taxi fee without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on a taxi charge receipt;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 3 (1) 39 of the Punishment of Minor Offenses Act (the point of freeboard), and the choice of fines for the crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate amount is aggregated) shall be aggravated for concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is against the grounds of the provisional payment order, including the first offender, the first offender, and the agreement with the taxi driver, etc., shall be determined as the same as the disposition;

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