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(영문) 수원지방법원 평택지원 2015.07.23 2015고단762
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 May 12, 2015, the Defendant causing property damage: (a) around 00:40 on the street before “C” located in Pyeongtaek-si B, and (b) led the victim D to stop driving a vehicle without any justifiable reason under the influence of alcohol, and (c) demanded the victim to turn off the vehicle to the Defendant in a light, and (d) caused the damage to the said vehicle by walking the parts of the said vehicle’s door and the back part of the 1,650,911 won on one’s own, while walking the part of the said vehicle’s back part and the back part.

2. The Defendant engaged in obstruction of performance of official duties at the time and place specified in the above paragraph (1) above, and committed an act that the police officer, who was a police officer belonging to the Pyeongtaek Police Station E-district, sent to the site after receiving a report of 112 on the damage of the said vehicle, she saw that he would be able to hear the statements of the above D, and that G was able to commit the above D, and the above G prevented the Defendant, thereby obstructing the police officer’s legitimate performance of duties concerning the control of the crime, by assaulting the said G with one hand, i.e., “whether the police officer would stop off the way, and why she would be spacing.”

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to damaged photographs, 112 report processing marks, and vehicle repair estimates;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

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. Normal circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: Determination as to whether or not the sentencing criteria are applied due to inferior nature of the crime, such as agreement with some victims, reflectivity, initial crime, and minor unfavorable circumstances in the degree of violence: it shall not apply;

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