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(영문) 창원지방법원 진주지원 2014.09.17 2014고단743
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 June 29, 2014, at around 03:30, the Defendant damaged the property damage: D operated by the Defendant’s mother, the mother of the Defendant in Jinju-si, C (Min, 63 years of age); on the ground that the Defendant got lessons from the victim, the Defendant destroyed the damage by a stringing the entrance and exit of the amount equivalent to KRW 150,000 at the market price owned by the victim.

2. At around 04:05 on June 29, 2014, the Defendant: (a) was voluntarily compelled to conduct the investigation of the instant case from the police officer F of the Jinju Police Station E District Unit of the 112 Radio Police Station, who was dispatched to the site under the order of radio wave order; (b) refused such request; and (c) was arrested as a flagrant offender suspected of causing property damage.

Accordingly, the defendant resisted the above police officer, and taken twice the face of the above police officer in drinking.

Accordingly, the above defendant interfered with legitimate execution of duties concerning the handling of 112 reports by police officers and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) 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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not a case that the defendant, his mother, damaged the entrance door of the household operated by the defendant and assaulted the police officer dispatched after receiving a report, thereby obstructing the execution of official duties. However, when the defendant is under the influence of alcohol, he committed a chemical or contingent crime, he committed the crime, agreed with the victim and the victimized police officer, and the defendant has no other criminal records except a fine for one-time criminal record.

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