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(영문) 수원지방법원 성남지원 2016.03.25 2015고단3067
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, this amount shall be 100.

Reasons

Punishment of the crime

1. On November 17, 2015, the Defendant destroyed the property in a way that the repair cost would be KRW 605,000,000, by breathing, breathing, and destroying the parking blocking machine owned by the Sungnam Urban Development Corporation, which was set up on the second floor of the 331 mnife 6 mnife (Seoul-si, Sungnam-si, Sungnam-si, Sungnam-si, Sungnam-si, a 331 mnife-dong, in a refried 2nd floor, in a way that booms a b

2. On November 17, 2015, the Defendant interfered with the performance of official duties by assaulting the police officer’s legitimate 112 reporting handling duties by assaulting the slope C belonging to the district unit B of the police station called up after receiving a report from around 22:51 on November 17, 2015, and 112 that the parking blocking machine was destroyed, and taking a bath to the assistant C belonging to the district unit B of the police station of the branch of the branch of the police station called up after receiving a report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Written estimate of damage;

1. Application of Acts and subordinate statutes governing CCTV closures and video CDs;

1. Relevant Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of each fine for the crime (the following sentencing shall be considered in light of the favorable circumstances in which the punishment is committed);

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. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the sentencing conditions stated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be equally taken into account and the sentence as ordered.

Unfavorable circumstances: the defendant has been punished for a crime of the same kind (one time a penalty).

The favorable circumstances: The defendant is in profoundly against the crime of this case.

The means of hindering the performance of official duties and the degree of interference with the performance of official duties, etc. shall not be excessive.

Defendant shall be punished by a fine for negligence in 2004.

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