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(영문) 창원지방법원 마산지원 2018.07.10 2018고단175
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

1. On November 19, 2017, around 03:00, the Defendant: (a) reported at the department store B in Busan-gu Busan-gu, Busan-do; and (b) reported at 112, the details leading to the Busan-do Police Station C District of the police station, called the Defendant, who fights with the driving and body, at the time of leaving the Defendant.

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

2. At the time and place specified in paragraph 1, the Defendant damaged goods used by public offices, such as: (a) on the back seat of the patrol seat C 3; (b) on the back seat of the back seat for a long time; and (c) on the back seat of the said C, on the part of several occasions of moving to the said C while continuing to move to the said C, the said part of the said part, which was generated, was 58,360 won or more; and (d) on the part of the said part, the Defendant damaged goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged photograph;

1. Application of Acts and subordinate statutes for investigation reports (verification of the amount of damage inflicted on patrols during damage, etc.);

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the selection of fines) concerning criminal facts, and Article 141 (1) of the Criminal Act (the point of damaging goods for public use and the selection of fines);

1. Aggravation of concurrent crimes: former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed for a crime causing damage to heavy public goods);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act is serious in the crime of obstructing the performance of official duties and damaging goods for public use, there are circumstances where D/ subject to the assault wishes to punish the defendant, and the damage to the damaged goods for public use is not recovered, the defendant is led to confession and reflect, and the defendant is fined three times due to the violation of the Military Service Act or the Act on the Law of the Reserve Forces.

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