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(영문) 대전지방법원 천안지원 2014.11.14 2014고단833
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

1. On April 6, 2014, the Defendant: (a) around 22:10, in front of the Dong-dong apartment in Yandong-gu, Chungcheongnam-gu; (b) around 22:10, on the ground that the Defendant: (c) on behalf of the victim C, a substitute driver C, who operated his/her own vehicle on behalf of his/her dwelling and demanded a substitute driver C to cover himself/herself, and to bear a substitute driving fee; and (d) on the floor, he/she was set up on the floor with a b.60,000 won

2. The Defendant interfered with the performance of official duties on the same day, around 22:45, the following day: (a) a slope F (the age 41) belonging to the Donnam Police Station Escop, the Escop of the Donnam Police Station, called “poper was assigned to the police station, whether he was assigned to the police station, whether he was the internal police officer, or if he was wrong; (b) the victim’s chest was pushed up four to five times; (c) the Defendant was arrested as a flagrant offender in the crime of obstruction of official duties; and (d) the F attempted to arrest the Defendant as a flagrant offender in the crime of obstruction of official duties, and obstructed F’s legitimate execution of duties on the handling of the 112 Report of the 112 Report of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of the Acts and subordinate statutes to photographs of damaged safe-lights and photographs of damaged police officers;

1. Article 136(1) and Article 366 of the Criminal Act concerning the relevant criminal facts, and the choice of fines, respectively;

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

1. The fact that the nature of the crime is not good, such as smugglinging or exposing the police officers performing their duties on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act: Provided, That the punishment identical to the order shall be determined by taking into consideration all the sentencing factors indicated in pleadings, such as the fact that the crime is a contingent crime during the main sentence, the degree of violence is relatively minor, the victim C has been agreed with the victim, the defendant has no criminal record of the same kind or suspended execution, the defendant has no criminal record of the same kind of punishment or a depth after the crime,

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