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(영문) 서울남부지방법원 2018.04.26 2017고단4818
공무집행방해등
Text

Defendant shall be punished by a fine of two 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 August 4, 2017, at around 05:30 on August 4, 2017, the Defendant damaged the victim D, who had maintained a living relationship after divorce, by gathering the interest in the market price due to the fact that the victim D, who had been living together after divorce, did not open the door, or the victim and the Defendant and the Defendant jointly owned, by destroying a string, etc.

2. The Defendant interfered with the performance of official duties at the time and place set forth in paragraph 1, and at the time and place set forth in paragraph 1, in the process of arresting the said F as an offender due to the suspicion of property damage from F in the circumstances surrounding the police station E division in Seoul, Guro-gu, Seoul, Police Station E division, who was called out after receiving a report 112, the Defendant took a bath to the said F, and carried out one

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), and the selection of fines for a crime;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which shall be aggravated for concurrent crimes (the punishment imposed on a person who interferes with the execution of heavier public duties);

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

1. In regard to the crime of destroying property for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the following factors are considered: (a) the defendant and the victim D are married; (b) the place of the crime is the domicile of the defendant and the victim D; (c) the damaged goods are jointly owned by the defendant and the victim D; (d) the victim D is not subject to the punishment of the defendant; and (e) the crime of obstructing the performance of duties by the police officer is not good; (b) the crime of obstructing the legitimate performance of duties by the police officer is not good; (c) the defendant has no criminal record other than the fine of 2002; (d) the details and details of each crime; (e) the circumstances before

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