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(영문) 광주지방법원 2014.10.30 2014고단3335

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. On August 19, 2014, the Defendant: (a) committed an act of assaulting D while drunkly under the influence of alcohol in front of the c branch office located in Gwangjudong-gu, Gwangju; and (b) tried to listen to the police officer F of the police box, who received a report from the person who discovered the c branch office, and called “flabingly” from F of the police station to which he was called out upon receipt of the report from the person who discovered the c branch office; (c) used the c branch office of the above F’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’ h

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

2. When the Defendant was arrested as a flagrant offender from F at the date, time, at the place specified in paragraph (1), and was in the 112 patrol unit (G) in order to move to the E police box, the Defendant damaged the said patrol vehicle, which is a public object, by walking on the right side of the said patrol vehicle several times to remove the 621,940 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Entry of the written statements of D;

1. Application of Acts and subordinate statutes to written estimates on patrol vehicles;

1. Determination of a fine shall be made by taking into account the circumstances, such as Article 136(1) of the relevant statutory provisions on criminal facts, Article 141(1) of the Criminal Act (the point of obstructing performance of official duties), Article 141(1) of the Criminal Act (the point of damage to public goods), the choice of each fine - the Defendant has no criminal record, the Defendant agreed with the victimized police officer and repaid the full amount of repair expenses,

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.