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(영문) 대전지방법원 서산지원 2018.06.20 2018고단371
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 10, 2018, the Defendant: (a) received a report from the head of Seo-gu, Seosan-si, 103 Dong 1301 stating that “The father is under the influence of alcohol;” and (b) committed assault, such as a defect that the head of the Gyeong-gu Police Station F District G, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant was dispatched to the site after receiving a report from 112 that “the father is under the influence of alcohol;” (c) sought to prepare a statement of domestic violence damage from the Defendant’s wife; and (d) the Defendant was able to take the flick G’s flath with both hand, and then, she was able to take a hack.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of police officers' crimes.

2. On April 11, 2018, around 02:18, the Defendant: (a) was arrested in flagrant offender due to the crime described in paragraph (1) at each unit of the cell of the police station in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do; (b) on the other hand, the Defendant removed the change cover and the contact with the toilet, a case for public use.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of relevant photographs, photographs related to damage to public objects, and statutes on receipt for damage;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the selection of fines for the 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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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