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(영문) 대구지방법원 2014.10.15 2014고단1948
특수공무집행방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 29, 2014, the Defendant: (a) received the 40,000 won of the market price managed by the victim D, installed on the elevator wall in the elevator run in the elevator, Daegu Suwon-gu, Daegu-gu, 307, 1Ra, and (b) around 21:35, and caused gold.

Accordingly, the defendant damaged another person's property.

2. On January 29, 2014, at around 21:43, the Defendant received 112 report from the above apartment security guards that F, who was on patrol duty, was carrying the Defendant with a shoulder knife and knife, and got tracked. On the spot, the Defendant threatened the Defendant with a knife knife ( approximately 100 meters in width, approximately 18cc in length, approximately 33cc in total length) for the main knife, which is a dangerous object, in the front of the Daegu Water-gu Madembro, Daegu Water-gu, 401.

Accordingly, the defendant carried dangerous things and interfered with the legitimate execution of official duties in relation to the handling of F's 112 Reporting Cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of F and G;

1. A written statement;

1. Police seizure records;

1. On-site reports;

1. Application of Acts and subordinate statutes to a report on investigation (verification of whether an elevator is installed, whether damage is verified, and reimbursed);

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Articles 144 (1) and 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In the sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order, the fact that the police officer’s threat of the sentencing does not proceed to the exercise of a direct tangible force on the body, damage to the damaged property was recovered, and the defendant is in this Court.

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