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(영문) 서울동부지방법원 2018.07.12 2017고단3132
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 June 10, 2017, around 23:30 on June 10, 2017, the Defendant: (a) the victim B, the police assigned for special guard belonging to the Seoul Special Metropolitan City, was a private person to build and patrol a vehicle during the F patrol; (b) the victim B, who was a police assigned for special guard belonging to the Seoul Special Metropolitan City, was trying to take the vehicle on and depart from the vehicle; and (c) the victim, who was seated through a glass window opened by approaching the vehicle, was hicked by plucked up and down

The Defendant expressed the victim’s desire to “Ye Ye Ye Ye Ye Ye Ma,” and assaulted the victim’s face by drinking the victim’s weight and opportune at one time, and the head’s face.

Accordingly, the defendant interfered with the legitimate execution of duties of the police assigned for special guard who conducts F patrol.

2. The defendant who damaged public goods was on board the victim at the time and place specified in the above paragraph (1);

G Patrols caused damage to things used by public offices, such as that the pan-speers and the pan-speers set off approximately 1 cm.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. B written statements;

1. Application of Acts and subordinate statutes to report on investigation (to listen to a statement by a wooden studio telephone);

1. Article 136 (1) and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment (in consideration of the fact that the accused has no past record exceeding the same kind of power or fine, etc.);

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. Article 32 (1) 1 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits Filed for Compensation (the crime of obstructing the performance of public duties and damaging goods for public use shall not fall under the crime subject to a compensation order under any subparagraph of Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits);

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