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(영문) 대구지방법원 상주지원 2019.01.15 2018고단251

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 31, 2018, at around 02:35, the Defendant: (a) destroyed the victim’s C’s operation D stores located in B; (b) under the influence of alcohol on the ground that women’s friendly ties are bad, and thus, the Defendant destroyed two parts of the front glass (a 6m, vertical 6m) equivalent to KRW 432,00 (a 6m, vertical 6m) at the market price owned by the victim.

2. On May 31, 2018, at around 02:38, the Defendant committed assault, such as asking the Defendant for the background leading up to the destruction of the front glass of the said D shop G district unit at the site after receiving a report from 112 that he was living in the Fridge in front of the Fridge meeting where he was living in the Republic of Korea on May 31, 2018, that he was fluored by drinking sound, and that H was in the presence of the resident police station G district unit at the site after receiving a report from 112 that he was unable to control the Defendant, and that h was damaged by the front glass of the said D shop.

Accordingly, the defendant interfered with the performance of duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of C and H;

1. 112 Report sheet, G District work log;

1. Written estimate;

1. Each internal investigation report (No. 4, 6) and each investigation report (No. 8, 12, and 19 No. 19 of the evidence list);

1. Application of the Acts and subordinate statutes in Chapter 5 to each on-site photograph, CCTV video-recording photographs;

1. Relevant Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of causing damage to property, the choice of fines) concerning criminal facts, the choice of punishment, and Article 36 (1) of the Criminal Act;

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 Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order, assaulted a police officer who was dispatched to the police station on the ground that he was drunkly favorable.

However, all of the crimes of this case are recognized and reflected by the defendant, damage to property, and obstruction of performance of official duties.