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(영문) 대전지방법원 서산지원 2017.07.07 2017고단344

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On February 15, 2017, the Defendant is a person who resides in 102 apartment B, Chungcheongnam-gun, Chungcheongnam-gun, and around 23:30 on February 15, 2017, at around the above B apartment 102 underground parking lots, the Defendant, without any justifiable reason, walked an elevator door managed by the victim C of the above apartment management warden, and damaged to the extent that the repair cost equivalent to KRW 165,00,000, such as an elevator thrower's repair hole.

2. On February 15, 2017, around 23:50 on February 15, 2017, in front of the underground parking lot elevator in the underground parking lot as set forth in paragraph (1), the Defendant was subject to a removal from the slope E belonging to the Chungcheongnam-gu Police Station D Zone affiliated with the Chungcheong Police Station, who was dispatched to the site after receiving a report on the fact that the Defendant was under the influence of harming the elevator door, hinginginginging and avoiding any disturbance while

피고인은 이에 화가 나, 위 경사 E에게 ‘ 옹알이 그만 하라고 씹새끼야. 좆같은 새끼야’ 라는 취지로 욕설하면서 오른발로 위 경사 E의 정강이를 1회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the maintenance of public order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to E, C, and F;

1. Application of the Acts and subordinate statutes to the scene photographs taken by the dispatched police officer, CDs copies of cell phone images taken by the dispatched police officer, and criminal investigation reports (to listen to the statements by the director of H station in modern elevator G branch office);

1. Article 136 of the Criminal Act applicable to the crime, Articles 136 (1) and 366 of the Criminal Act, and the selection of fines 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he was in a state of mental or physical weakness or mental loss by drinking at the time of the instant crime, etc., and the record reveals that the Defendant was at the time of the instant crime.