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(영문) 수원지방법원 2017.11.14 2017고단1684
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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. On February 22, 2017, the Defendant: (a) obtained pecuniary benefits equivalent to KRW 18,000 from the taxi station in Suwon-si, Suwon-si; (b) notwithstanding that the Defendant did not have a intent or ability to pay taxi expenses because of the lack of cash or a credit card, etc., the Defendant: (c) went to a taxi operated by the victim C; (d) moved approximately 11 km to the North Span that is located in the Gan-dong in the Gan-si; and (e) failed to pay the said fees.

2. On February 22, 2017, the Defendant interfered with the performance of official duties, at the E-district parking lot of the police station in the Sungsung-dong Police Station located in Sungsung-si, B around 2, 2017, and as described in paragraph 1, C, a taxi engineer, requested a police officer to assist the Defendant, who was a taxi engineer, was locked in the E-district F in the taxi, and the Defendant, who was locked in the taxi, was at risk of suffering from weather and suppression.

경찰관이면 다야. 야 이 씨발 년 아 ”라고 욕을 하고, 그 옆에 있는 같은 지구대 소속 순경 G에게 “ 씨 발 한번 붙어 볼까, 쫄 리냐.

“In doing so by hand, at one time the right arms of G, and when the arms of slope H belonging to the same district unit that restrains it one time, he continuously interfered with the police officer’s legitimate execution of duties in relation to the investigation of a criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, G, H, and F;

1. Do image closure photographs;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in heavier frauds);

1. The following circumstances and the Defendant’s age are the reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances examined in the following).

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