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(영문) 수원지방법원 2013.12.19 2013고정2986

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.

Reasons

Punishment of the crime

1. On July 13, 2013, at around 21:37, the Defendant damaged the above part of the Oralab by breaking off the part of the Victim D owned by the victim E in front of the first floor of Suwon-si Btel 1st, Suwon-si, without any justifiable reason, and destroying the above part of the Oralab by breaking the PCE owned by the victim E in front of the “C”, and destroying the FCICEE110 Oralab owned by the operator of the “C”.

2. On July 13, 2013, the Defendant was arrested as a flagrant offender and waiting at the patrol vehicle for the foregoing reason at the place indicated in the foregoing paragraph (1) at around 22:15, and received one time the face of H(25 years old), a police officer assigned to the G police box, at his/her head, while waiting at the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and H

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of fines 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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Around 21:58 on July 2013, 2013, the Defendant: (a) abused the victim D, who gets away from gallonyal department stores, in front of the “gallon department store,” who used the Defendant to drive the Defendant, assaulted the victim, such as why the victim D, who gets away from gallony, to drive the Defendant, “in this case, fluent fluor” and “in this case, fluent fluor” to fluore the victim’s face.

2. The above facts charged are crimes falling under Article 260 (1) of the Criminal Act and cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the written agreement and investigation report filed in the court records, the victim shall be the victim of the case.