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(영문) 서울서부지방법원 2016.02.17 2015고단2336
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From September 6, 2015, around 08:00 on fraud, around September 6, 2015, when there was no intention or ability to pay taxi charges in front of the Daegu 153-ro, Eunpyeong-gu, Seoul Metropolitan Government, the taxi was taken in the C-si operated by the victimized person by deceiving the victim B as if he would pay the taxi charges.

The Defendant did not pay 5,600 won of taxi charges even though he/she arrived in front of the red control station located in 441-1 due to the unification of Seodaemun-gu Seoul Metropolitan Government, the purpose of which is 08:10 on the same day, and received a request from the said injured person for the payment of 5,600 won of taxi charges.

As a result, the victim was enticed and acquired financial benefits equivalent to the same amount.

2. On September 6, 2015, the Defendant: (a) received a report from the victim that the Defendant did not pay the taxi fee in front of the police box located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul on September 6, 2015; (b) issued a police box affiliated with the Seoul Seodaemun-gu Seoul Seodaemun Police Station Efers to pay the taxi fee and return home; and (c) the Defendant was entitled to pay the taxi fee and return home.

“” and the Defendant’s head was one of the above F’s figures.

As a result, the defendant interfered with the legitimate execution of public duties concerning the arrest of police officers in flagrante and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to F and B;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment, respectively, for the crime;

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

1. Two crimes under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 10060, Jan. 1, 2006) for the reasons for sentencing under Article 62(1) of the suspended sentence (the conditions favorable to the reasons for sentencing) of the Criminal Act (amended by Presidential Decree No. 1060, Jan. 2, 2006) (the scope of recommendation) with no basic area (one to one to one to one to six months) (the person who is subject to special sentencing) (the scope of recommendation).

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