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(영문) 서울북부지방법원 2015.06.04 2015고단74
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 December 14, 2014, at around 22:25, 2014, the Defendant: (a) received a 112 report on the front side of D in Seongbuk-gu Seoul, stating that “the cab son was aware of the fee; and (b) paid the cab fee, demanding him to return the cab fee from the slope F affiliated with the sloping F of the Seongbuk-gu Seongbuk Police Station Ecom box; and (c) subsequently, the Defendant sent the same box sent with the above F along with the said F to G during the process of the police box, stating that “hing sprink sprink sprink spack spack spack spack sp? spack spack spack sp? spack sp? s

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

2. The Defendant causing property damage, at the time and place set forth in paragraph (1), destroyed by putting flaps of the said G with flaps together with flaps and breaking flaps together with flaps, and destroying flaps together with 8,00 won at the victim H’s market price and 116,000 won at the market price, including 116,000 won at the victim H and 10,000 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the respective Acts and subordinate statutes of I and H

1. Relevant Article 136(1) and Article 399 of the Criminal Act concerning the crime, the choice of punishment, and the choice of fines, respectively;

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. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the background leading up to the crime of this case and the fact that the defendant did not agree with the victims, the defendant must be sentenced to a strict punishment. However, the defendant has not been subject to a criminal punishment exceeding a fine, since the investigation stage took place to the time of the criminal investigation to the court, his depth and reflects his/her criminal act, and there is no record of criminal punishment.

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