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(영문) 서울동부지방법원 2017.11.02 2017고단2360
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 June 10, 2017, the Defendant: (a) was under the influence of alcohol in Songpa-gu Seoul, Songpa-gu, Seoul on June 10, 2017; (b) was returned to the Defendant’s residence, on the 12th day of the e patrol car operated by the police station C police station of the dispatching Police Station, which was called out after receiving a report of 112 regarding the protective measures.

When the Defendant was required to get a sub-car from the border D, Songpa-gu Seoul, Seoul, the dwelling place of the Defendant, and the Defendant left the right string of his own sound after the patrol car, and turned the string to the right knick.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

2. The Defendant interfered with the performance of official duties at the time and place specified in paragraph 1 of the above Article, where the scood D scood the Defendant, scood the Defendant, and scood him in front of the entrance of the scood, and scood D’s scood

Accordingly, the defendant assaulted D who is a police official, thereby hindering D's legitimate execution of duties concerning D's 112 reporting duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement (H, I);

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

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the selection of fines) concerning criminal facts, and Article 141 (1) of the Criminal Act (the point of damaging goods for public use and the selection of fines);

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 under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant damaged the police vehicle, used violence against the police officer performing official duties, and the nature of the crime is not good in light of the object and method of the crime.

However, the defendant acknowledges his mistake as an initial crime without criminal punishment.

It seems that the degree of damage to recommendations for public goods is not serious.

In addition, the defendant's age, sex, environment, background of crime, and post-crime.

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