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(영문) 제주지방법원 2020.03.26 2019고단2649
공무집행방해등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On January 31, 2019, at around 01:20, the Defendant causing property damage: (a) on the road located in Jinju-si B; (b) on the road in front of the Defendant’s wife, etc.; and (c) on the vehicle driven by D with a driver on behalf of the Defendant’s wife, etc., to arrive at the above site; and (d) on the part of the police officers called to the site by reporting D and proxy expenses, D reported 112; and (b) on the part of the police officers called to the site, D were about to leave the site by getting on the Fluent car driven by the victim E and try to leave the site.” (a) on the part of the Defendant, the Defendant: (b) destroyed the repair cost per 50,000 won per repair cost to the extent of the victim’s damage.

2. At around 01:25 on the same day, the Defendant: (a) took a bath to the police box belonging to the Jinju Police Station Gone at the place specified in paragraph (1) of the same Article to arrest the Defendant as a flagrant offender with respect to property damage; and (b) took the bath to the effect that “Cinch gue is discarded; (c) the Defendant was fluored; (d) the offender was fluor; and (e) the Defendant was fluored by plicking the Defendant’s chest by hand, booming the Defendant’s finger at several times, and hicking the Defendant’s hand

Accordingly, the defendant interfered with the police officer's 112 report processing duties and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and H;

1. Application of the provisions of Acts and subordinate statutes of the 112 Report, a detailed statement of processing the case, a copy of work log, a criminal investigation report, photographs of knife driver's seat destroyed vehicle, investigation report, and written estimate;

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

1. Of concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is committed against a police officer who seeks to destroy a car driver's seat and to arrest him as a flagrant offender in the crime of causing property damage and damage.

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