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(영문) 수원지방법원 성남지원 2017.08.10 2017고단1241

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. On May 7, 2017, the Defendant, at around 03:20 on May 7, 2017, destroyed the collection of 400,00 won for a group of equipment owned by the victim C, a group of equipment with approximately KRW 400,00 on the ground that the Defendant, while drinking alcohol at the main point of “D” operated by the victim C, was going to a female fluoring dispute, while drinking alcohol at the same place, was cut to a chemical, and was cut to a table.

2. The Defendant interfered with the performance of official duties, upon receiving a report from 112 on the customers’ scam at the same time and place as the above paragraph 1, expressed that he was called “scam” to the E District Police Station E District Team 4 teams affiliated with the Sungnam Police Station E District 4 Team, which called “scamb”, and collected water cups on the tables on the clothes of the above F, thereby hindering the police officer’s legitimate performance of duties concerning the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of C and G;

1. Application of Acts and subordinate statutes to on-site photographs, scene of damage, and photographs of damaged parts;

1. Relevant legal provisions concerning facts constituting an offense, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act (the point of destroying property), the choice of each fine (the fact that there is no criminal record for the past ten years, the fact that there is no criminal record for the past ten years, and the circumstance and degree of the interference with the performance of official duties are minor, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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