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(영문) 서울남부지방법원 2019.07.09 2019고단2102
공무집행방해등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. On March 10, 2019, the Defendant destroyed and damaged property by leaving garbage and waste cannicking a volume of approximately KRW 50,000,00 of the market price owned by the victim C in Gangseo-gu Seoul Metropolitan Government before the convenience store operated by the victim C.

2. On March 10, 2019, the Defendant used the place indicated in the foregoing paragraph 1(1) at around 17:10 on March 17, 2019, and assaulted a plastic will while bringing a brue to F, who was called out after receiving a 112 reported telephone.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Application of the CD-related Acts and subordinate statutes to mobile phone pictures;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the degree of assault committed by the Defendant on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant’s liability for the crime is not somewhat weak.

However, the defendant is against the defendant, the damage to property was restored to the victim, and the defendant agreed with the victim, and 60,000 won was deposited as compensation for damage to the other police officers of the obstruction of performance of official duties.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the facts that the defendant is the primary offender, the age, character and conduct of the defendant, the motive and background of the crime, the means and consequence of the crime, the circumstances after the crime, etc. and the sentencing conditions shown in

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