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(영문) 의정부지방법원 2015.10.05 2015고단1851
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On April 27, 2015, the Defendant: (a) around 00:08, on the street in the front of “Catt” located in “Catt”, and (b) reported the Defendant’s boarding of a taxi stopped by the victim D (year 61) and forced him to find it; (c) caused the Defendant to damage the victim’s property by putting the head door of the said taxi even walking the st head even of the said taxi to the repair cost of KRW 540,637.

2. The Defendant, at the time and place stated in the preceding paragraph, arrested the Defendant as an offender in the act of causing property damage, and assaulted against F, “F, if he wishes to handle the insurance, she is superior, why he is arrested, and has committed a serious crime inside,” and assaulted F’s chest on two hand by force, such as the time and place of the statement in the preceding paragraph, “F, if she is arrested as an offender in the act of causing property damage.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the police officer's 112 reporting visit and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. Application of Acts and subordinate statutes, such as estimates and photographs of damaged vehicles;

1. Relevant statutory provisions on criminal facts, Articles 136(1) of the Criminal Act (the point of obstructing performance of official duties), 366 of the Criminal Act (the point of causing damage to property), and the choice of each fine (the fact that the Defendant destroyed a taxi that does not have any relation with under the influence of alcohol and interfered with the performance of official duties by using violence to the police officers who called out and destroyed the taxi, and thus interfered with the performance of official duties, and thus, the crime is not less severe; however, the Defendant is a first offender who has no criminal power, and the mistake is divided; the victim of the damage to property, the victim of the damage to property, the victim of the damage to property, and the extent of the assault

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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