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(영문) 서울중앙지방법원 2016.10.11 2016고단4506
공무집행방해등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

1. On July 2, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) around 02:47, the Defendant did not pay KRW 22,480,00 for the price without justifiable grounds, even though he/she was boarding a D taxi operated by C in the Nowon-gu Seoul Metropolitan Government Nowon-gu E-gu, moving approximately 6.9km to the front day of Dongjak-gu Seoul Metropolitan Government.

Accordingly, even though the defendant was on board a business vehicle, the defendant did not impose a value without justifiable reasons.

2. At around 03:25 on the same day as in the preceding paragraph of the preceding paragraph, the Defendant: (a) expressed a disturbance, such as failing to pay the taxi fee at the front of Dongjak-gu Seoul Metropolitan Government E, and taking a bath to C, a taxi engineer; and (b) received a request from G to pay the taxi fee and return home from G, who was dispatched to the site after receiving a report from the head of the police station located in the Seoul Metropolitan Government Police Station, the Seoul Coast Guard Police Station: (c) expressed that “Sick kis, garbage mos, weather mos, police mos,” and assaulted G as drinking, such as: (d) threatenings, kids, kids, and kids.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting processing duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. C’s statement;

1. Application of the taxi rate receipt and the Acts and subordinate statutes related to violence collection photographs;

1. Relevant Article of the Criminal Act, Article 136(1) of the Criminal Act, Article 3(1)39 of the Punishment of Minor Offenses Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of aggregated of the maximum amount of two crimes) among concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order prevents a police officer from performing his/her official duties by assaulting a police officer dispatched after receiving a report from a taxi engineer on the ground that the defendant was disqualified from office. Considering the motive leading to the instant crime, the attitude of the act, etc., the nature of the crime is very poor.

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