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(영문) 서울중앙지방법원 2015.09.22 2015고단4680
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On May 30, 2015, the Defendant: (a) committed assault against C, on the road near the exit station No. 4 in Seocho-gu Seoul Seocho-gu Seoul Seocho-gu, on the road; (b) provided that C rancing a taxi at around D level, who was in charge of the duty of regulating and controlling the parking and stopping of a taxi and traffic management; and (c) provided Party C with the desire to “I am, I am, I am back, I am back, I am back, I am back, I am son’s son part.”

Accordingly, the defendant interfered with legitimate execution of duties of police officers on traffic control and prevention of traffic hazards.

2. On May 30, 2015, the Defendant of the obstruction of performance of official duties against E, on the road above, at around 01:28, 2015, committed assaulting the following acts: (a) the Defendant, after committing the crime as above, was refused to board for the reason that the destination was not gender, and (b) the Defendant was D, who was working for the duty of regulating and controlling the stopping and traffic of a taxi at the same time, to E, namely, “I will see why a taxi is frightd, if a taxi is frightd, and if I will fright a taxi that is not a police station, she would fright off the back part of E in drinking.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the traffic control of police officers and the prevention of traffic hazards.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and E;

1. Article 136 (1) of the Criminal Act applicable to the 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. The sentencing reason of Article 334(1) of the Criminal Procedure Act is against the defendant's mistake, and the victim E does not want the defendant's punishment.

In addition, the records of this case, such as the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

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