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(영문) 광주지방법원 2015.08.13 2015고단1763

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 12, 2015, the Defendant: (a) around 13:30 on May 12, 2015, the Defendant: (b) sounded the victim’s E-cafeteria operated by the victim D in the Jeonnam-gun, namely, “the husband of a party that is the father of our father at the time of his father and the knex”; (c) has broken one plate of the column owned by the victims of the city in the middle of the city, in a way that the restaurant can cover the string and the iron bars with both hand, and has destroyed the rice by drawing it on the floor.

2. At around 14:20 on May 12, 2015, the Defendant obstruction of performance of official duties: (a) was under the influence of the Defendant’s parents heading away at the seat of the front Y, the Defendant: (b) on May 12, 2015; (c) on the part of the Defendant’s parents living together; and (d) on the part of the Defendant’s heading away, the security guards belonging to the YY, called the Defendant upon receiving 112 reports pertaining to the damage of the property under the said paragraph, H attempted to check the Defendant’s bridge at the restaurant of the south west, and (d) to check the Defendant’s seat, “I would like to see the Defendant’s bridge at the seat of the south west,” and (e) to walk the Defendant’s bridge on three occasions, and to walk the Defendant’s bridge on two consecutive occasions, and to interfere with the police officer’s legitimate duty by having reported the part concerning the Defendant’s bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J, I, H, and D;

1. Application of Acts and subordinate statutes to investigation reports (explics and photographs of police officers at the scene of destruction and damage of property);

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

1. Selection of a fine for selective punishment (including the first offense, the minor damage therefrom, and the fact that the victim D, I, H and the original agreement has been reached);

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