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(영문) 전주지방법원 군산지원 2015.07.08 2015고단286
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On October 31, 2014, at around 00:45, the Defendant suffered property damage, and around 00:45, at the “Dju store” female toilets in the “Djun store” of the victim C’s operation, E cut off female toilets by hand on the ground that they had a stringer for the Defendant, ordinary E, their customers to collect their street.

The defendant, after receiving the report 112, moved out of the F Zone G of the Yasan Police Station F Zone G, who was called out of the above main point, has broken the defendant, walked the gas in front of the main point of the station, and entered the above main male toilet, tearing the gaser, cremationing the cremation, removed the cremation, and added the direction for cleaning the change.

Accordingly, the defendant damaged the property equivalent to 730,000 won in total of the market price owned by the victim.

2. The Defendant at around 01:10 on October 31, 2014, the “Dju” as indicated in paragraph (1) was: (a) the victim G, a security guard for the F District of the Dosan Police Station, destroyed the said main points as indicated in paragraph (1); (b) the Defendant prevented the Defendant; and (c) the Defendant was able to arrest the flagrant offender; and (d) the victim’s grandchildren and legs were able to have the victim’s grandchildren and legs.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. G statements;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act (the point of obstructing performance of official duties), Article 366 of the Criminal Act, and the choice of fines for the crime;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was not less and less responsible to prevent the police officer from performing his official duties in the main place and destroying the equipment and destroying the equipment, and obstructing the police officer from sending out the equipment, and thus, the defendant committed a crime disadvantageous to the defendant.

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