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(영문) 수원지방법원 성남지원 2017.09.28 2017고단1743
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 19, 2017, the Defendant: (a) was drunk on the front side of “C” in Sungnam-gu, Sungnam-si, Seoul Special Metropolitan City on April 22:15, 2017, and was parked in that place without any justifiable reason; (b) was removed from the two sides of the victim’s E-ray tank D, adjacent side, wing and wing, and wing, etc., by hand; and (c) the Defendant destroyed the Defendant’s car owned by the victim, such as the string of the repair cost, to the extent that the sum of KRW 23,193,414 is equal to the repair cost.

2. On April 19, 2017, the Defendant interfered with the performance of official duties, at around 22:21, who received a report on the damage of property, and obstructed the Defendant’s damage by the police officer G belonging to the police officer of the Hanwon Police Station F District G, who dispatched to the place specified in paragraph (1), as the Defendant prevented the Defendant from doing so, as set forth in paragraph (1), and assaulted the head of the said G by cutting off one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, H, and I;

1. Written estimate of damage;

1. Application of Acts and subordinate statutes governing photographs of damaged vehicles;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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 62 (1) of the Criminal Act (i.e., reflects the fact that there is no previous offense exceeding the fine and there is no previous offense, and that there is a smooth agreement with the victim of the damage to property, etc.);

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