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(영문) 대전지방법원 서산지원 2018.12.19 2018고단975

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On September 11, 2018, the Defendant damaged property: (a) was frightened at the I community service center located in J in J on September 11, 2018 before the I community service center located in J on September 11, 2018;

The daily beginning of the victim's own possession of the I community service center was taken by the victim, and the market price was 100,200 won.

2. The Defendant interfered with the performance of official duties at the date, time, and place described in paragraph 1, and at the place described in paragraph 1, reported to the effect that “Many female players flick and flat down the fireworks,” and controlled this Defendant, a police officer belonging to the JJ police station of the JJ police station, who called out after receiving a 112 report, ( South, 43 years old), who was a police officer belonging to the JJJ forces of the JJ police station, followed the Defendant; and

나는 돈이 많아서 돈으로 해결하면 된다 "라고 욕설을 하며 위 K의 얼굴에 침을 1회 뱉고, K과 함께 출동한 순경 L( 남, 26세) 의 양 쪽 정강이를 발로 4회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against K or L;

1. Written statements;

1. Application of Acts and subordinate statutes to field photographs and estimates;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an 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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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