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(영문) 수원지방법원 2018.08.14 2018고단3214
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On April 23, 2018, the Defendant: (a) at around 05:00, the Defendant: (b) was under the influence of alcohol to pay a taxi fee for the victim C driving; (c) was forced to cut off a cell phone charging device of a vehicle amounting to KRW 20,000 in the market price, which is installed on the driver’s seat; (d) thereby, the Defendant destroyed the victim’s property.

2. The Defendant interfered with the performance of official duties, at the time and place mentioned in the preceding paragraph, and at the same time and place reported by 112 that the Defendant does not occur under the influence of alcohol, and assaulted the police commander of the Suwon Police Station D police box affiliated with the Suwon Police Station D police box, who was called out of the Defendant, by taking the Defendant out, such as the shoulder and chest of the above E five times, and the wheels to face with the finger hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Photographs photographs of damaged articles and parts of the damage;

1. Application of CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act of the choice of punishment, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines (the fact that there was a history of punishment for a similar crime by the defendant, but the degree of assault exercised by the defendant is not much serious, and the fact that the degree of assault exercised by the defendant is minor, and that there was an agreement with the victim, etc.);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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