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(영문) 창원지방법원 2016.07.13 2015고단1578
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and a fine of one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 17, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) was on board a restaurant in front of the “C” restaurant located in Kimhae-si B; and (b) did not pay KRW 7,300 of the taxi fee without justifiable grounds despite having arrived at the roads front of the branch office of the Busan Bank, Busan Bank, which is located in 37, the center of Samdong-dong, Samdong-dong, Busan; and (c) did not pay KRW 7,300.

2. After committing the crime of paragraph (1) above, the Defendant: (a) arrested a flagrant offender at the G District District of the Kimhae-si Police Station G District in the Kimhae-si, Kimhae-si, and was investigated into a flagrant offender for the crime of paragraph (1) above; and (b) sentenced the police officer belonging to the above GJ to the police officer assigned to the above GJ, who caused the above GJ to take the charge of “this fri gue A, Sallebus,” and assaulted the above H at once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement made by the police against D;

1. A H statement;

1. Application of Acts and subordinate statutes on internal investigation (in relation to the attachment of a receipt for taxi rates);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting the crime (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (1) 39 of the Punishment of Minor Offenses Act (the point of freeboard and the choice of fines);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract the Nowon-gu Station: (a) there is no person [the person subject to a special sentencing] in the basic area (from June to January 4) (the person subject to a special sentencing] [the sentence] [the decision of sentence] as follows; and (b) the circumstances constituting the sentencing conditions indicated in the records of the instant case, such as the age, sex, sex, family relation, family relation, motive and means of the crime; and (c) circumstances after the crime, etc., shall be determined as the sentence as ordered, taking into account the following circumstances.

Unfavorable circumstances: The fact that there is no agreement with the victim, seven times of fine, including a single kind of fine, and the fact that it has been locked after the crime of this case.

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