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(영문) 인천지방법원 2016.03.16 2016고단653
공무집행방해등
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. Around December 19:30 on December 2015, the Defendant damaged the said car to have his/her mobile phone collected from the victim B (25 years) who was parked in the front of the Saemaeul Treasury No. 15-gil-ro, Yeonsu-gu, Incheon, Yeonsu-gu, Cheongnam-gu, Seoul, and then damaged the said car to have the amount equivalent to KRW 358,576 in repair cost, such as the No. 358,576.

2. Whether there was a fact that the Defendant, at the same place as around 19:45 around 19:45, at the same time as that of paragraph (1) of this Article, carried a Handphone on a passenger car as indicated in paragraph (1), sent to the site after receiving a report 112, from the Incheon Yeonsu Police Station D District Racing Station E, sent to the site.

는 질문을 받고, 별다른 이유 없이 갑자기 욕설을 하면서 오른발로 E의 오른발 정강이를 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate performance of duties by the police officer on the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Photographs of parts of vehicles damaged by victims, and photographs of violence of victims;

1. Application of Acts and subordinate statutes to a report on investigation (to attach a black stuff, screen image, and photograph to a photograph), and a report on investigation (Submission of a written estimate);

1. Relevant Article 136(1) of the Criminal Act, Article 3666 of the Criminal Act, Article 366 of the Criminal Act, and the selection of fines for criminal facts;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. Crimes of destroying a motor vehicle of another person without any justifiable reason under the influence of alcohol and obstructing the performance of duties by a police officer dispatched to him/her;

However, the degree of damage to property and the degree of interference with the performance of official duties are not important.

As the defendant recognizes a crime, he/she compensates the victim of the damage caused by the damage to property, and is subject to the death of the police station.

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