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(영문) 광주지방법원 순천지원 2017.01.11 2016고단2011
공무집행방해등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

A. On October 10, 2016, the Defendant damaged the said vehicle to take the 308,944 won of the repair cost by moving the vehicle to C owned by the victim B, which stops on the surface of the road and stops on the part of the victim C, which is located on the surface of the road, while putting up one side of the road adjacent to the Choho Lake-si 5-ro 22, Geumho-ho apartment complex 1, Dong-ho apartment complex, around October 10, 2016.

B. Around 23:30 on the same day, the Defendant interfered with the performance of official duties by a police officer E (53) belonging to the National Police Station D District D (53) who was dispatched after receiving a report at the above place of 112 on the same day, asking the personal information of the reporter E, thereby obstructing the police officer’s legitimate performance of duties concerning handling reports 112, considering that the reporter’s face is drinking.

Summary of Evidence

The application of the law of the defendant's written statement B and E to the police statement protocol

1. Relevant Article 366 of the Criminal Act, Articles 136 (1) and 136 (1) of the Criminal Act, and the selection of fines for criminal facts;

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

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

4. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant's act of destroying another person's vehicle and then destroying another person's vehicle in the police by being drunk as his status of the previous maritime police is highly likely to be criticized compared to

may be filed.

However, considering the fact that the defendant reflects the wrong, that the injured party does not want the punishment of the defendant by concluding an agreement with the victim of property damage, that the defendant has the record of having been suspended of indictment due to the damage to the public property, but there is no record of criminal punishment, the sentencing is considered for the favorable reasons, and the punishment shall be determined in consideration of the sentencing conditions, such as the age

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