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(영문) 서울중앙지방법원 2015.03.31 2015고단660
공무집행방해등
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 4, 2014, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on September 4, 201, and the said judgment became final and conclusive on September 12, 2014.

1. Around 07:20 on June 3, 2014, the Defendant expressed that he returned to a taxi engineer in the vicinity of his residence in Gangnam-gu Seoul, Seoul, and that he was urged by the police officer C to pay a taxi fee and return to the Republic of Korea after receiving a report 112 reported by the taxi engineer, the Defendant expressed that the said victim C is “Chewing, fluent, fluent, fluent,” among a taxi engineer and a large number of drivers.

Accordingly, the Defendant publicly insultingd the victim.

2. The Defendant engaged in obstruction of performance of official duties at a temporary site of the above 1.1. A police officer, who was a police officer of the Seoul Gangnam Police Station, tried to have his/her own road set up his/her bath while doing so, prevented the Defendant from performing his/her legitimate duties in relation to the physical protection of police officers, by assaulting the Defendant, such as the shoulder, face, and booming of his/her shoulders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Previous convictions in judgment: Before disposition and report on results of confirmation, and application of Acts and subordinate statutes;

1. Article 136 (1) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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