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(영문) 인천지방법원 부천지원 2017.07.21 2017고단767

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant is a person who actually operated the “C Co., Ltd.” as set forth in the Yongsan-gu B and 2 Dong 301 in ancientyang-si.

A. On November 28, 2014, the Defendant: (a) entered into a lease contract with the victim Non-W 320d vehicle in the name of the victim Non-W 320d vehicle located in Jung-gu Seoul, Jung-gu, Seoul, on condition that the victim and the market price of KRW 44.5 million should be paid for KRW 48 months; (b) monthly lease fees of KRW 861,872, and kept the said vehicle after taking it over from the damaged person; (c) on July 28, 2016, the Defendant provided the said vehicle to F, the director of the Human Rights Corporation of the said C Co., Ltd., as a security for the unpaid construction cost.

Accordingly, the defendant embezzled the victim's property.

B. On January 30, 2015, the Defendant: (a) entered into a lease agreement with Korea Co., Ltd. and (b) GWW 520D vehicles worth KRW 48 months, monthly payment of KRW 92,155 on the part of the injured party, and kept the said vehicle in custody on September 30, 2016, under the name of the said C Co., Ltd., the Defendant offered the said vehicle as security for the unpaid construction cost to F, the chief of the department of the C Co., Ltd., who is the subcontractor of the C Co., Ltd., in the name of the said C Co., Ltd., on the condition of paying KRW 61.92,155.

Accordingly, the defendant embezzled the victim's property.

2. On February 24, 2017, the Defendant interfered with the performance of official duties: (a) was under the influence of alcohol on the front side of the Haan-gu, Mayang-gu; (b) 112 reports were received; and (c) was sent to the site, the security guards of the I District of the Police Station within the inner police station (J), sent the taxi to the site; and (d) recommended him to return home, and (e) took a bath at one time on his hand.

Accordingly, the defendant is a police officer who performs legitimate official duties in regard to 112 reports.