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(영문) 수원지방법원 2017.08.31 2017고단980
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 January 18, 2017, the Defendant damaged the Defendant’s property damage by setting the toilet entrance door, which is the victim E, from the main toilets of the “D” located in the Suwon-si flood area C around 23:40 on January 18, 2017, without any justifiable reason, to cover repair costs.

2. On January 18, 2017, the Defendant interfered with the performance of official duties, at D'D located in Suwon-si, D', which is located in Suwon-si, D', which was under the influence of alcohol on January 18, 2017, was on the part of G belonging to the F District of the 1112 Police Station of the Seocho-gu, Western-si, the Defendant was on the back seat of the patrol vehicle and moved to the said F's zone.

On January 19, 2017, the following day of the Defendant 1:00:03, the Defendant saw the partitions and windows from the back seat of the patrol vehicle in operation at around 00:03, the Defendant saw the sound by making it possible to cut off, and she she she frighted off, with the defect that “I am fright frightt. f. f. f. f. f. f. f. f. f. f. f. f. f. f. h. h. h. h. h. h. h. h. h. to F. h. h. h. h. h. at around 00:05 on the same day,

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Statement of the police statement related to G;

1. A H statement;

1. Photographs of damage scene;

1. Application of Acts and subordinate statutes to report on investigation (referring to the I search for witnesses, etc.);

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 ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant's assaults a police officer in a state of detention to obstruct the execution of official duties and damages another's property, which are favorable to the facts that the nature of the crime is not good:

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