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(영문) 서울중앙지방법원 2016.10.18 2016고단4722
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On May 14, 2016, at around 03:40 on May 14, 2016, the Defendant: (a) had the effect of using the repair cost to make it more than KRW 2,251,280, 280, such as the Defendant, who was under the influence of alcohol in front of D on the street located in the branch of the Gyeonggi-si Seoul Metropolitan City, and was parked there without any justifiable reason, a victim E, who was the victim E, who was parked there.

2. When obstruction of performance of official duties, the Defendant, at the same date and time as in the preceding paragraph, and at the same place as in the same time and place as in the preceding paragraph, and as in the situation belonging to the G District of the Gyeonggi Police Station G District, which was dispatched to the site after being reported to the site 112, the Defendant expressed that “I would be fluort,” “I will do so,” and I would like to say, “I will do so, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, who was arrested as a flagrant offender suspected of property damage by H and I.

As a result, the defendant interfered with police officers' legitimate execution of duties in relation to the processing of reports and arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each statement of E and H;

1. Side photographs, estimates, medical certificates, and photographs of damaged parts of the vehicle;

1. Application of Acts and subordinate statutes to investigation reports (determination of screen images and CCTVs for the use of violence against victims);

1. Article 136 (1) of the relevant Act on the Punishment of Criminal Crimes (the point of obstructing performance of official duties), Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is unfavorable.

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