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(영문) 수원지방법원 2018.04.19 2017고단8128
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. On November 25, 2017, the Defendant interfered with the performance of official duties, at around 12:25, on the street in front of Suwon-si, who was under the influence of alcohol and engaged in dangerous conduct, such as entering the roadway, and was reported to the roadway, and was dispatched to the patrol vehicle in front of the domicile of another Defendant on his resident registration.

The defendant, on October 10 of the same year, could not enter the place of residence due to the relationship that he had gone to another address, was asked to contact the police officer E at the Suwon Police Station D police box affiliated with the police officer, and confirmed that he responded.

하며 순찰차의 뒷문을 발로 찼고, 이에 위 경찰관이 뒷문을 열어 주자 갑자기 손으로 위 순경의 멱살을 잡아 흔들고, 이를 제지시키며 바닥에 앉히자 다시 누우면서 위 경찰관의 이마를 발로 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

2. On November 25, 2017, the Defendant damaged public goods, at around 13:05, on the street in front of the patrol box located in Suwon-si F on the ground of the preceding paragraph, destroyed the Defendant’s repair cost equivalent to KRW 489,806, by inserting the back door of the patrol box No. 61 in the order of the patrol box of the Suwon-gu Police Station, which was arrested in flagrant offender for the same reason as that of the preceding paragraph, and being loaded onto the back seat of the patrol box No. 61 of the Suwon-gu, Suwon-gu, Suwon-gu, Seoul-gu. The Defendant destroyed the Defendant’s repair cost of KRW 489,806, supra.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 A list of reported cases;

112 Written estimates for damage to the 112 patrols;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the selection of fines for the crime;

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. Article 70(1) and Article 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 the reason for the order of provisional payment.

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