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(영문) 대구지방법원 2014.12.05 2014고단5196

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

On September 16, 2014, at around 05:25, the Defendant: (a) reported that D security guards had a disturbance against D security guards, and sent to F of the police box affiliated with the police station E box of the Gyeongsan Police Station, which called “this ring is a good appraisal within the police officers.” On September 16, 2014, the Defendant: (b) took the desire to “this ring out; (c) taken the left chest of F on one occasion; and (d) took the 112 patrols (G) parked in the place, carried the e patrol box, and broken it by drinking it.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of report cases by police officers F, and damaged the repair cost of the patrol vehicle, which is a public object, by shouldering the 16,500 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Statement of maintenance;

1. Application of Acts and subordinate statutes to photographs damaged by fashion;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of each fine for the crime;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are against the defendant's mistake, and deposit KRW 700,00 for the police officer, the fact that a student who has yet to be aged 19 years of age has no record of punishment, the degree of damage is not severe, and other circumstances constituting the conditions for sentencing, such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc., shall be determined as ordered, taking into account the following circumstances: