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(영문) 서울중앙지방법원 2017.02.23 2017고단126
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On December 24, 2016, at around 03:00, the Defendant damaged the repair cost so that, without any reason, the Defendant could not easily operate windows in favor of the vehicle damaged by the vehicle, by walking the front glass and even door of the Darb, the victim C, who was parked in the place, without any reason.

2. The Defendant interfered with the performance of official duties at the time and place specified in paragraph 1, and at the time and place specified in paragraph 1, reported by 112 that there is a person who is damaged by walking a car, etc., and sent to the Seoul Central Police Station E box belonging to the Seoul Central Police Station: (a) prevented the Defendant; (b) prevented the owner of the car from leaving the phone, and (c) caused the car owner at one time at the left c

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of the Acts and subordinate statutes on the place of service to police officers and photographs of damaged police officers;

1. Article 136 of the Criminal Act applicable to the crime, Articles 136(1) and 366 of the Criminal Act, the selection of fines for the crime, and the selection of fines;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following circumstances: (a) the Defendant’s mistake and seriously reflects the sentencing; (b) the degree of damage is relatively minor; (c) the Defendant is a contingent offender; (d) the Defendant’s primary offender who has no record of committing any crime as a prospective trainee; and (e) the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime; and (e) the circumstances that form the condition for sentencing as shown in the argument of the instant case.

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