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(영문) 의정부지방법원 2015.03.30 2014고정2725
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 14:55 on August 11, 2014, the Defendant engaged in obstruction of performance of official duties: (a) at the Council viewing D Office of the Government-Si of Gyeonggi-si, the Defendant released the victim E, who is a public official in charge of D affairs, to the extent that the victim E (n't.e., 51 years of age) does not meet his/her own requirements, he/she collected plastic beverage bottles from the victim who was prepared and kept in advance for him/her, and then laid the victim’s face and clothes.

Accordingly, the defendant assaulted a public official who performs his duties.

2. The Defendant damaged public goods at the above time, at the above time and place, laid down plastic drinking water bottles containing call, and said monitor screen was made out of the market price at an amount equal to KRW 231,240, which had been used in the above drinking water D in the subscription section of the Council.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Relevant Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of fines) concerning the crime;

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

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

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

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