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(영문) 서울서부지방법원 2015.11.26 2015고단1886
공무집행방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 14, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) boarded D taxi operated by C around 02:00, and (b) opened and escaped a door without paying approximately KRW 7,000 between the taxi and stopping for signal waiting in front of the F Hospital located in Seodaemun-gu Seoul Metropolitan Government.

As a result, the defendant did not pay his value on board a business vehicle without any justifiable reason.

2. The Defendant was arrested as a flagrant offender by the police officer of the Seodaemun Police Station G police box in Seoul, Seodaemun-gu, Seoul and transferred to the criminal office and office of the Seoul Western Police Station in the unification of Seodaemun-gu, Seoul.

On June 14, 2015, at the above office around 02:51 on June 14, 2015, the Defendant assaulted the Defendant, such as drinking water from the water purifier, and drinking water from the above office, with I’s amblock, once, and continuously throwing I’s cell phone around 03:49 on the same day.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to taking a flagrant offender into custody and a criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, J and C;

1. Receipts:

1. The extraction of each CCTV image data, and the application of Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act of the relevant Article of the Criminal Act concerning the crime (the point of obstructing performance of official duties, the choice of fines) and Article 3 (1) 39 of the Punishment of Minor Offenses Act (the point of freeboard and the selection of fines);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, and environment, shall be determined by comprehensively taking into account all the factors indicated in the instant pleadings.

The Defendant recognized all of the instant crimes and is in profoundly against the Defendant.

B. The Defendant is a primary offender.

C. The Defendant agreed with C only with C, and C shall be the Defendant.

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