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(영문) 대전지방법원 2018.10.11 2018고단2155
경범죄처벌법위반등
Text

Defendant shall be punished by imprisonment for four months and by a fine of 100,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 30, 2018, from around 22:30 to 22:51, the Defendant violated the Punishment of Minor Offenses Act: (a) opened the entrance from the corridor front of the D’s house located in Daejeon Jung-gu, Daejeon, 204 Dong 914, in two hands, and opened the door in two hands; and (b) opened the door “heat” and flick the neighbor.

2. 공무집행 방해 피고인은 전항 일시장소에서 112 신고를 받고 출동한 경찰관 대전 중부 경찰서 E 파출소 경위 F 외 1명으로부터 소란행위를 만류당하자 양손으로 위 F의 가슴을 2회 치고, 오른발로 F의 오른쪽 허벅지를 1회 찼다.

Accordingly, the defendant assaulted police officers and interfered with legitimate execution of duties concerning the handling of 112 reported cases.

3. On May 31, 2018, around 02:30 on May 31, 2018, the Defendant: (a) arrested the current offender who assaulted a police officer, such as “2.” and (b) was again released; (c) the Defendant was in custody in the victim D’s front corridor of the victim D’s house for a gold fenced with the victim D’s house glass window; and (d) continuously lent by the victim.

Accordingly, the defendant carried dangerous things and damaged the victim's house windows to repair cost of 100,000 won, and damaged the victim's market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and D;

1. Each investigation report, each internal investigation report, and the application of Acts and subordinate statutes governing site photographs;

1. Relevant provisions of the Punishment Act concerning the facts constituting the crime, Article 3 (1) 21 of the Punishment of Minor Offenses Act (or Disturbing Acts and fines), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Articles 369 (1) and 366 of the Criminal Act (the point of destroying special property and property, the choice of imprisonment with prison labor);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 of the Criminal Act:

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