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(영문) 창원지방법원 2019.01.31 2018고단3307
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. Around 00:50 on September 2, 2018, the Defendant damaged a taxi to have KRW 645,700 for repairing expenses, such as printing and painting, by setting up a taxi operated by the victim while driving the vehicle without permission on the front side of the Kimhae-si, where the victim C, who was driving the vehicle on the front side of the road, sent the Defendant with the risk signals to turn on headlights toward the Defendant.

2. The Defendant: (a) committed an act of obstruction of performance of official duties at the above date, time, place, and the Defendant reported that the Defendant 112 was frighting, and the police officer affiliated with the D District Unit of the Kimhae Police Station D District, which called “Chop fe, fright fright, fright fright, fright fright, hump, hump, hump, hump, hump, hump

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Written estimate;

1. Application of Acts and subordinate statutes on the screen of each damaged vehicle's photograph, fluor photographic photo, and bluor video screen;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act (the point of obstructing performance of official duties), Article 366 of the Criminal Act, and the choice of fines for 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. Although there is a need for a strict punishment for the crime of obstruction of performance of official duties in order to establish the legal order of the country with reason for sentencing under Article 334(1) of the Criminal Procedure Act and eradicate the light of the public authority, the defendant seems to have committed the crime of this case in a contingent manner without any particular criminal records, and the degree of damage and obstruction of official duties is not severe, and the victim of the crime of the damage to the property of this case agreed smoothly with the victim of the crime of damage to the property of this case, and a certain amount was deposited for the victim police officer, as well as the defendant's age, character, environment, motive for the crime.

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