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(영문) 대전지방법원 천안지원 2016.04.22 2016고단364
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a foreigner of the nationality of the People’s Republic of China.

On February 29, 2016, around 00:35, the Defendant damaged the repair cost by walking the part below the driver's seat of the vehicle, which is owned by the victim D, one time, by moving off the part of the driver's seat of the vehicle, which is in front of the bowlinging site C in South-gu, Southern-gu, Nam-gu, Seoul, Seoul, and caused the defects in the part below the driver's seat of the vehicle.

2. On February 29, 2016, the Defendant interfered with the performance of official duties, within the G convenience stores located in the Southern-gu, Southern-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on February 29, 2016, the Defendant 1 left the Defendant out of the convenience stores.

The Defendant, upon request from I to return home, she saw that “I do so, she must do so, she must do so, she must do so, she must do so,” and she assaulted I’s shoulder with left hand.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written statements D or K;

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), and the selection of fines for a crime;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: A crime that interferes with the functions of the State or public institutions and is not good: The fact that there is no record of crime in the Republic of Korea, the fact that there is no record of crime, the fact that the damage of property and the degree of obstruction of official duties is relatively minor; and

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