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(영문) 수원지방법원 2021.02.10 2020고단7629
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On July 6, 2020, the Defendant interfered with the performance of official duties, at the Kandong Police Station C District (SP) parking lot located in Young-si, Suwon-si, Sin-si, Sin-si, the Defendant: (a) on the ground that the Defendant was boarding a taxi but did not talk with the destination; (b) on the ground that D, an above taxi engineer, set a taxi on the said C District parking lot; (c) explained the situation to E and policeman F, who was in the position of the said C District; (d) sent a taxi door to the Defendant; (e) forced the said police officer to open the door of the taxi; and (e) forced the said police officer to take the front door of the Article; and (e) the said police officer continued to take a walk from the Defendant; and (e) continued to commit an act of assaulting the body of the said police officer; and (e) continued to interfere with the execution of his/her duties by committing an act of assaulting him/her, such as having been arrested by the said police officer into the Defendant 2-3.

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

2. The Defendant damaged public goods at the same time as the above paragraph 1, thereby damaging the car repair cost of KRW 660,000, by generating rash and air conditioners located therein.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Written statements of D;

1. Photographs;

1. Data from CCTV video recording;

1. Application of the written estimate statutes;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act concerning the facts constituting an offense (the point of impairing goods for public use) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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