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(영문) 광주지방법원 2014.05.14 2013고단5325
공무집행방해등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 27, 2013, at around 20:55, the Defendant: (a) obstructed the business of the victim; (b) destroyed the property managed by the victim on the road front of the 997-1 Korean bank, Seoul Northern-gu, Seoul; and (c) obstructed the victim’s business by blocking the urban bus No. D 18 operated by the victim C (the age of 49) who was running on the road on the ground that he was fluorcing the road; (d) cutting off the entrance door; and (e) cutting off two fluors of both vehicles after driving seat glass, etc.; and (e) destroying the property managed by the victim so that the market price of KRW 8,00 is 8,00,000 for repair cost; and (e) interfered with the victim’s business by blocking the bus operation of approximately 5-10 minutes of the said urban bus.

2. Obstruction of Performance of Official Duties, the Defendant’s damage to property, at the same time and place as mentioned in the foregoing paragraph, expressed that the victim’s circumstance F working in the E District, who was dispatched to the E District upon receiving a report of 112, wanted to arrest the Defendant as a flagrant offender, and the said victim expressed that “this sponse, packer,” and walking the victim’s right bridge, walking the victim’s chest one time in drinking, and boomed the victim’s chest by the two hand, and 200,000 won at the market price owned by the victim.

Accordingly, the defendant interfered with the legitimate execution of duties of the victim concerning the arrest of the above victim, and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of C’s written laws and regulations

1. Relevant provisions of Article 136(1) of the Criminal Act for criminal facts (the point of obstructing performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing performance of official duties), Article 366 of the Criminal Act, and selection of fines, respectively;

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

1. Although the reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant committed the crime of this case during the period of suspension of execution for violent crime, the crime of this case is not very good. However, the defendant agreed with the victims.

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