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(영문) 제주지방법원 2018.05.30 2017고단3108
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On August 27, 2017, at an external parking lot located in Gwanak-gu in Seoul Special Metropolitan City on August 27, 2017, the Defendant interfered with the performance of official duties, on the ground that the Defendant sent a warning to the Defendant who is working as a hub in the patrol vehicle No. 21 while on board the patrol vehicle in Seoul Special Metropolitan City, Gwanak-gu Police Station Down-gu, Seoul Special Metropolitan City, for giving a warning to the Defendant who attempted to diveterology.

“Abunding the above patrol lane and hand, as they threaten the left face of the slope F in the driver’s seat of the said patrol car, and upon commencement of the check using his/her mobile phone, the horse E expressed his/her desire to “brine and shot” to the horse E on two occasions, and interfere with legitimate execution of duties concerning the prevention, suppression, and investigation of police officers’ crimes.

2. The Defendant damaged property by placing a cell phone on his hand at the same time and at a place as set forth in paragraph 1, on the grounds as set forth in paragraph 1, and displaying a certificate to the victim E, thereby falling under the victim’s market price, which is equivalent to KRW 1,00,000, Samsung Ggal ju (S8 mobile phone) and destroying part of the screen value by falling under the ground at the victim’s market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each photograph;

1. Application of statutes on screen pictures CDs at the scene of interference with official duties;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the selection of fines for a 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. The sentence of a fine like the order shall be imposed in consideration of the following facts: (a) the sentencing of each of the defendants on the grounds of the sentencing under Article 334(1) of the Criminal Procedure Act, including: (b) the nature of the crime committed by the defendant is bad; (c) the fact that there is no criminal record exceeding the fine; and

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