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(영문) 서울중앙지방법원 2018.06.14 2018고단2550
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 March 30, 2018, at around 00:11, the Defendant interfered with the performance of official duties, at around the street in Gwanak-gu, Seoul Special Metropolitan City, G, a police officer belonging to the F District 2 Team of the Seoul Gwanak-gu Police Station F District patrol Team, who was patroled in front of the patrol, “I am to be out of the risk of flag” was hicking the horses, while taking a bath or bath, and making the face of the said G one time.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the maintenance of order.

2. 공용 물건 손상 피고인은 제 1 항 기재 일시, 장소에서 공무집행 방해 혐의로 현행범인 체포되어 순찰차 관악 11호의 조수석 뒷좌석에 승차한 후 양 발로 위 순찰차 조수석 측 뒷문을 수회 걷어찼다.

Accordingly, the Defendant damaged the above patrol vehicles used by public offices to be repaired in the amount of 150,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and I;

1. Application of the Acts and subordinate statutes of the patrol vehicle, photograph and estimate;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the selection of fines for the crime;

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. In order to establish a legal order of a country with reason for sentencing under Article 334(1) of the Criminal Procedure Act and eradicate public peace, it is necessary to strictly punish an offense obstructing the performance of official duties.

However, there is no particular record of punishment except for the defendant's confession of the crime of this case and the mistake is divided, the damaged police officer wanted the defendant's wife, and the crime of injury in light of around 2008, a fine of KRW 2 million has been sentenced, and the defendant's age, sex, environment, family relationship, means and consequence, etc. are considered in all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, family relationship, means and consequence, and the circumstances after the crime.

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