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(영문) 의정부지방법원 2018.01.10 2017고단4417

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 5, 2017, the Defendant damaged the property by destroying the victim D, who is the head of the above sexual party’s work, referred to the Defendant as “satisfying in sexual intercourse B” on the ground that the victim D, who was the head of the above sexual party’s work, said sexual party’s “satisfying in sexual intercourse after drinking,” putting three chemical parts on the floor, putting them up on the floor, breaking three chemical parts and glass, which were collected in large glass windows of the office, and destroying the property equivalent to 350,000 won in total, 5 chemical parts, and the market value of glass.

2. The Defendant interfered with the performance of official duties at the time and place described in paragraph 1, and at the scene of 112, F, a police officer belonging to the Wancheon Police Station E District, who was dispatched to the site after receiving a 112 report, left the floor of the Defendant and left the floor, and left it back later. “I am 3 f, if you move to the Defendant,” and am f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’, and interfered with legitimate performance of duties

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Written statements of D;

1. Photographs photographs;

1. 112 Reporting case handling table;

1. A report on investigation (calculated amount of damage);

1. Application of Acts and subordinate statutes to report on investigation (report on video recording interviews of suspects);

1. Articles 366 and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order was that the Defendant’s act of destroying the instant property and obstructing the performance of official duties was very serious and violent.

However, it seems that there are health problems, such as the defendant's depression, and there are no criminal records of the same kind.

The defendant is currently remarkably divided into his own act, and damages are paid to the injured party of the damage of property.