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(영문) 대구지방법원 서부지원 2018.01.31 2017고단1613
공무집행방해등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On June 16, 2017, the Defendant damaged property: (a) 02:19 around Daegu-gu, Seogu, Daegu-gu (45 Do) operated by the Victim C (45 Do) on the roads in front of the D cafeteria, one of which is owned by the victim was broken down by both hand on the floor of the cafeteria.

Accordingly, the defendant damaged the property equivalent to 100,000 won in the market price owned by the victim.

2. The Defendant interfered with the performance of official duties on June 16, 2017: (a) reported at around 02:30, at the same place as Paragraph (1) of Paragraph (1) of this Article; (b) reported that F was able to listen to the circumstances of the instant case from the relevant persons in the vicinity of the Daegu Sungdong Police Station E-gu Police Station, Daegu, and reported that F was pushed off on one’s own part.

계속하여 피고인은 “ 경찰 시발 것 들, 우에 할 껀 데, 뭐 할 수 있나

"In doing so, at the right shoulder of "F", the right shoulder of the F is faced with two times.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. Application of statutes on site photographs of the case

1. Articles 136(1) and 366 of the Criminal Act of the relevant legal provisions concerning criminal facts; the selection of fines (the defendant reflects against each of the crimes of this case; the victim and the victim of the crime of property damage; the fact that the damaged police officer wanted to take the defendant's wife against the defendant; the first offender; the fact that the damaged police officer was a first offender; and other various circumstances shown in the arguments of this case);

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

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