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(영문) 대전지방법원 천안지원 2018.04.19 2018고단119

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 29, 2017, the Defendant damaged the property at the “C” restaurant parking lot located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul on December 29, 2017, on the ground that alcohol cannot be known, the Defendant destroyed the damage that the sum of the repair cost would be KRW 540,164, by cutting off the steering gate of the E- which is owned by the victim D, the victim D, who was parked there.

2. On December 29, 2017, at around 02:10 on December 29, 2017, the Defendant: (a) received 112 reports from the above parking lot stating that “a person under the influence of alcohol destroys his/her vehicle; and (b) received a recommendation for returning home from a slope G belonging to the Fridge G of the incheon-gu Police Station in the Seocheon-gu, Western Police Station; and (c) assaulted the face of G in drinking once a week, with the words “a person who is under the influence of alcohol, shows him/her to him/her; and (d) who is in his/her own surroundings.”

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting management.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (G);

1. Each statement (D, H, I);

1. Each photograph;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the selection of fines for a 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. Taking into account the following circumstances: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order; (b) the degree and method of obstructing the performance of official duties; and (c) the victim who damaged property was not punished; (d) the Defendant’s family relationship occupation; and (e) the Defendant’s primary