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(영문) 서울북부지방법원 2020.06.12 2019고단4909
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 100,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 16:20, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) on a taxi under the influence of alcohol in the vicinity of the Eunpyeong-gu Seoul Metropolitan City B market; (b) on a taxi operated by the injured party C, at around 17:10 of the same day, the Defendant was on board the taxi operated by the injured party C; and (c) was demanded to pay the taxi fee from the injured party after arriving in front of the F apartment located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, at around 17:

2. On November 8, 2019, the Defendant: (a) received a 112 report from Seongbuk-gu Seoul, Seongbuk-gu, Seongbuk-gu, Seoul; (b) received a request from the security guards H of the G District of the Seoul Sejong Cancer Police Station to pay a taxi fee and return home; (c) obstructed the police officer’s face on his own ship; and (d) assaulted the police officer’s face on one occasion by drinking.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and C: The police officer's statement; 1. Report on internal investigation (Attachment to 112 Report List) and attached 112 Report Handling List;

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

1. Relevant Article 3 (1) 39 of the Punishment of Minor Offenses Act and Article 136 (1) of the Criminal Act concerning facts constituting an offense, and Article 3 (1) 39 of the Punishment of Minor Offenses Act that choose to punish a person;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime, disregarding public authority by exercising the direct force on the body of the police officer called out upon receiving a report.

In light of the circumstances of the instant crime and the degree of obstruction of performance of official duties, the quality of the instant crime is not good.

The defendant on September 18, 2019.

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