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(영문) 대구지방법원 서부지원 2015.11.06 2015고단1432

공무집행방해등

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On July 23, 2015, at around 03:15, the Defendant spit the drinking in front of a restaurant of “C” located in “C” in the Daegu-gu Seo-gu, Daegu-gu, and, at the same time, d’s EM5 car that was being driven before the horse was frighted to a vision between D and D.

Accordingly, the defendant was at the time of D, and at around 03:20 on the same day, the police officer belonging to the Daegu Calan Police Station F District Unit G was dispatched to the defendant and the defendant was prevented, and the defendant assaulted at one time on the face of G on his own drinking.

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

2. Damage to property;

A. On July 23, 2015, around 03:15, the Defendant, at the place indicated in paragraph (1) around 03:15, 2015, found the victim’s eM5 vehicle back to the right side of the eM5 vehicle, flicked the part behind the eM5 vehicle, and then flicked the blicks attached to the vehicle, thereby damaging the said vehicle to the extent of KRW 2,259,134.

B. On July 23, 2015, the Defendant committed a crime against the Victim G, at around 03:20 on July 23, 2015, when she drinking the victim’s face, as described in paragraph (1), destroyed the breath to the extent that the 160,000 won of the repair cost was damaged.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Investigation report (to attach images of the victim's upper part and photographs of the damaged vehicle);

1. An investigation report (a statement of damage to a victim's G Gyeongscope);

1. Application of Acts and subordinate statutes to a investigation report (a written estimate for damage from DNA vehicles for victims);

1. Relevant Articles 366 and 136 (1) of the Criminal Act and the choice of fines for the crimes;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;