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(영문) 대전지방법원 천안지원 2015.10.27 2014고단1866

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. On November 4, 2014, around 15:50 on the 15:50 date, the Defendant: (a) found the said police box at the expense of the relevant police station in the Yannam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) took a bath to the police officer under the influence of alcohol at the police station’s expense; and (c) took the action to the police officer; (d) was solicited by the relevant police box to return home from the slopeD to the said police box; and (e) used the coffee box inside the said police box; and (e) used it on the bridge of the said D.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in the military.

2. The Defendant damaged an article for public use by avoiding disturbance, such as taking a bath without any reason, within the police box at the time and time specified in the preceding paragraph, and thereby damaging the above person’s interest in repairing the article for a civil petitioner, such as cutting off the person for the civil petitioner, placing the person’s bridge, etc. at the place, which is a public object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Written statements of F and G:

1. On-site photographs;

1. Application of the written estimate statutes;

1. Article 136 (1) and Article 141 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Selection of each alternative fine for punishment;

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;