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(영문) 창원지방법원 통영지원 2017.01.18 2016고단1626
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On September 17, 2016, the Defendant: (a) destroyed the victim E-owned market price of KRW 80,000, 200, 200, 300, 300, 200, 300, 300, 300, 200, 200, 200, 200, and 30,000,000.

2. The Defendant interfered with the performance of official duties, at the above date, at the above time, and at the above place, was removed from G police officers belonging to the F police box of the Tong-gu Police Station, who was dispatched after receiving a report of 112, and took a bath, and boomed G’s breath, booming off G’s head, breath of G on several occasions, and obstructed the police officers’ legitimate performance of duties concerning the performance of their 112 reporting duties, when boomed from G police officers on one occasion.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to each investigation report (damage photographs, each written agreement, and estimate);

1. Relevant provisions of the Criminal Act, Articles 366 and 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment - Reasons for sentencing under Article 334(1) of the same Act - Unfavorable circumstances: The crimes of this case committed by the defendant who destroyed property while under the influence of alcohol and assaulted the police officer regularly reinstated

(k) favorable circumstances: the extent of damage or the assault by police officers cannot be deemed to have been serious; the defendant appears to have committed contingent crimes that occur in a large number of drinking, the fact that all the victims have agreed to do so; the violation of his/her mistake; and there is no particular criminal record.

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, and circumstances after the commission of the crime, are considered, but the choice of imprisonment, which deprives the Defendant of his position, is somewhat harsh.

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