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(영문) 대구지방법원 2014.05.29 2014고정826

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A. On December 31, 2013, the Defendant engaged in obstruction of performance of official duties: (a) on the charge of falsely reporting that the Defendant 112 was on the street in front of the Daegu Suwon-gu Dadong C cafeteria and 112, and that the Defendant carried on the same alcohol in front of the said restaurant; (b) on the charge of violating the Punishment of Minor Offenses Act (False Report) in order to receive a claim for a summary judgment, the Defendant committed an assault by the police officer belonging to the said district, who was the victim, by getting aboard the patrol vehicle in the course of voluntary operation as the D district of the Suwon Police Station D, and opening the door after having arrived at the patrol vehicle, and by opening the door at the seat of the said district, she took a serious bath for the victim E (43 years of age).

Accordingly, it interfered with the performance of official duties by police officers who are victims without justifiable reasons.

B. The Defendant damaged public goods, which entered the earth at the same time and place as above, had the gate door door tight door affixed by hand, while entering the earth.

Therefore, it has damaged the utility of public goods that require repair costs equivalent to 400,000 won in the city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

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 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;