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(영문) 의정부지방법원 2013.12.10 2013고단3881
공무집행방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 12, 2013, the Defendant obstructed the police officer’s legitimate performance of official duties concerning the duty of reporting 112 reported by the police officer, by blocking the patrol vehicles of the Gyeonggi-gu Police Station C commander of the Gyeonggi-gu Police Station, who carried out the duty of reporting 112 on the front of the 22:00 on the road in front of the Guri-si, and taking the police officer, who was aboard the said vehicle patrol, and taking the police officer’s seat aboard the said vehicle, such as the security guard D, etc. to which the police officer belonged, while taking the police officer’s seat aboard the said vehicle, and by taking one time on the floor of the above D’s face to restrain the Defendant.

2. When the Defendant was arrested as a flagrant offender due to the obstruction of performance of official duties at the above time and place, and was on board the said patrol vehicle, the Defendant destroyed the latter siren by 123,000 won for repairing the said patrol vehicle at one time, thereby impairing its utility by destroying things used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning D;

1. Application of statutes on photographs of damage;

1. Relevant statutory provisions concerning criminal facts, Article 136(1) of the Criminal Act (the point of obstructing performance of official duties), Article 141(1) of the Criminal Act (the point of damaging public goods), and the choice of each fine (the defendant appears to have taken an attitude that the defendant led to confession and repent), around 199, and around 2 times a minor fine, around 2006, there is no specific criminal history other than that of punishment, and the damage from the crime of this case is not a significant portion of punishment)

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

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

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