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(영문) 청주지방법원 제천지원 2018.07.26 2018고단164

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 7, 2018, at around 23:55, the Defendant damaged the property to enter a F taxi operated by the victim E in front of the “D cafeteria” on the road operated by the victim E, and to enter the said apartment without paying a taxi fee, after having arrived at the front of the 102 G apartment G G G 102. The victim damaged the 112 report, the victim made the 112 report, and the wheel part of the front right side of the said taxi to the front right side of the said taxi.

2. Around 00:00 on February 8, 2018, the Defendant: (a) received a request from 102, G apartment 102, G, 205, 112, and received a report; (b) received a request from 1,00, 112, and received a request from 1,000 police officers belonging to the Hocheon Police Station H District; (c) 1,000 the chest part of 1’s chest part of her chest part of her chest part of her upper part of her upper part of her upper part of her upper part of her upper part of her upper part of her upper part of her face.

The Defendant continued to be arrested in the act of interference with the performance of official duties and moved to the lower H seat of the patrol vehicle to the H, and received one time the left side of the J as his head.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention of crimes and criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and E;

1. Photographs of damaged vehicles;

1. Application of video CD-related Acts and subordinate statutes that obstruct official duties;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

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

1. Selection of each alternative fine for punishment;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The following circumstances are the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and other records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.