Text
1. The defendant shall be punished by a fine of three million won;
2. If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On June 16, 2016, around 22:40, the Defendant damaged public goods, at the front of the door-to-door B, the Defendant, upon receiving a report that the Defendant was prone to a disturbance, took a bath to the police officers called out, and took action as if he would be at the time, and had the police officers check the disturbance, and had the vehicle’s number plate string the front offender and number plate of the patrol vehicle, thereby impairing its utility.
2. 공무집행 방해 피고인은 2016. 6. 16. 23:00 경 문경시 가은읍 가 은로 137에 있는 가 은 파출 서에서, 위와 같이 순찰차의 번호판 등을 발로 차다가 현행범인 체포 되어 위 파출소로 연행된 후에도 계속하여 난동을 부리던 중 그 모습을 채 증하기 위해 휴대폰으로 동영상을 촬영하고 있던 문경 경찰서 D 파출소 소속 순경 E의 오른쪽 팔 부위를 발로 2회 찼다.
Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention, suppression and investigation of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;
1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (a) (a point of damage to goods for public use), Article 136(1) (a) of the Criminal Act (a point of obstructing the performance of official duties) and the selection of fines for the 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;