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(영문) 대전지방법원 홍성지원 2018.04.04 2018고단17
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 August 23, 2017, from around 21:00 to around 00:20 on August 24, 2017, the Defendant, along with C, D, and E, set the number of card “G” offices located in Boan City F from around 21:00 to August 24, 2017, using the card 52, and first set the number of card in the order where the person who would throw away the card is the largest number of card or the number of card in the same pattern, and then, 2,00 won, 3, and 4, etc., 93,000 won in the market so that he/she would take up KRW 93,00 in the market, and 3,000 in the same manner.

2. On August 24, 2017, the Defendant interfered with the performance of official duties, at around 00:30, and received a report of gambling from the office of “G,” and obstructed the police officer’s legitimate performance of duties by assaulting the said I’s platform by assaulting the police officer to walk for plastic chairs who were in his/her place to walk, and to be asked about his/her personal information and gambling facts as referred to in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect examination of each police officer against C, D, E, or J;

1. Statement made to I by the police;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on site photographs;

1. Article 136 (1) and Article 246 (1) of the Criminal Act (the point of obstructing the performance of official duties) concerning facts constituting an offense;

1. Selection of a fine for a crime obstructing the selective performance of official duties (the fact that the crime is recognized and reflected, the fact that the crime was committed in the state of detention, the fact that physical damage caused by the crime was insignificant, the fact that the other police officer involved in the crime obstructing the performance of official duties commits the crime and deposits KRW 500,000 to the victim of the crime obstructing the performance of official duties, and the fact that there was a number of violent criminal records but there was no criminal records exceeding the fine between the same criminal records and the last ten years, etc.);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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