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(영문) 창원지방법원 2013.06.26 2013고단792
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On February 2, 2013, the Defendant: (a) exceeded the clothes of the victim at the victim D’s house located under 101 of the Jindo-si, Jindo-si, Changwon-si; (b) however, on the ground that the victim does not get off his clothes and did not do so, the Defendant destroyed the 15,000 television-consembing room at the victim’s market price, which is the victim’s possession, by leaving one television-consembing room at the floor; and (c) destroyed the 100,000 won in total at the market price of 10,000,000 won; and (d) destroyed it by leaving it on the waste box outside the house.

2. The Defendant committed an assault, such as: (a) the date and time indicated in the preceding paragraph; and (b) the time and place of the performance of official duties, and on the ground that the assistant F of the Jinhae Police Station, dispatched after receiving a report on the said case, was asked questions about the circumstances of the instant case by the Jinhae Police Station Epis affiliated with the said police box; (c) the Defendant: (a) sinson was a police officer of Jinson; and (d) sinson was sinked by sinson, shicking

Accordingly, the defendant interfered with the police officer's legitimate report and withdrawal of police officer's duty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of F and G;

1. Photographs of the damaged site;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of causing damage to property, the choice of fines) concerning criminal facts, the choice of punishment, and Article 36 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On November 10, 201, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act by this court on November 10, 201, and on July 27, 2012, this court was sentenced to three years of suspended execution for a violation of the Punishment of Violence, etc. Act (a violation of the Act on the Punishment of Violences, etc.) and was sentenced to three years of suspended execution for a period of one year and six months, and the defendant committed the instant crime without being aware of it even during the suspended period of one year and six months.

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