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(영문) 부산지방법원 동부지원 2017.02.08 2016고단2490
공무집행방해등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (damage, etc. to common property) on November 14, 2016, the Defendant, around 22:30, 2016, destroyed the above elevator with the owner of the above man-user, including the victim E, to have approximately KRW 473,00,00 won of repair cost, for the following reasons: (a) around D Man elevator in which C, who is a dong line, living in Busan Southern-gu, is divided into an elevator for drinking alcohol, and (b) the elevator for drinking alcohol, but the elevator was not operated; and (c) the elevator was not operated.

Accordingly, the Defendant jointly destroyed the property owned by the victims as above.

2. The Defendant obstructed the performance of official duties, at the above date, at the above time, at the above place, and on the report of 112, sent out to the scene by the host of the police box of Busan Southern Police Station, the Defendant tried to take the shoulder of the above G with G and the mautists belonging to the Busan Southern Police Station, and the Gap-self shoulder, frighting the shoulder of the above G, and dump, with the finger hand, dump of the said G, and dump of the chest, and sump of the said G with the chest cut.

Accordingly, the Defendant, who is a police official, interfered with the legitimate execution of duties concerning the reporting processing of the above G G 112.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement of the police statement related to G;

1. A E-document;

1. Application of Acts and subordinate statutes to investigation reports (investigation into on-site conditions, etc.), photographs of the victim's upper part of the less part of the victim, and investigation reports (attached to a written confirmation of performance of damage and written estimate for damage);

1. Relevant Article 2 (2) 1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 (2) 1 of the same Act, Article 366 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);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is as follows.

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