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(영문) 대전지방법원 2014.10.02 2014고단2118
공무집행방해등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. On June 17, 2014, at around 08:50, the Defendant: (a) destroyed the Defendant, without any justifiable reason, at the front of the 425 Gold Vehicle Trading Complex, which was set up at the entrance of the 425 Gold Vehicle Trading Complex, in front of the 425 Gold Vehicle Trading Complex, by putting two ball signboards (a 60cm wide, 80cm long) on the ground floor against parking spaces at the market price owned by the victim C, which was set up at the entrance of the above trading complex.

2. On June 17, 2014, at the same place as the preceding paragraph, at around 09:05, the Defendant notified the police officer, who was a police officer belonging to the Busan Geum-gu Police Station D District District of D District, to arrest the Defendant as a flagrant offender with respect to the assault and damage of property, and thereby obstructing the police officer’s legitimate performance of duties by the police officer with regard to the handling of 112 reports and arrest of the said police officer on two occasions, booms the chest of the police officer, who was sent to the scene after having received 112 reports on June 17, 2014, in order to arrest the Defendant as a flagrant offender with respect to the above assault and damage of property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

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 portion dismissing prosecution such as one fine related to the crime of causing bodily injury (2006), two times of a fine by double type (2009, 2010) under Article 334(1) of the Criminal Procedure Act, the victim C’s non-influence to the punishment of the crime of causing property damage (in addition, as seen earlier, as agreed with the FF of the assault), contingent crimes, and the degree of damage, relatively minor and so forth

1. The summary of the facts charged is around 08:50 on June 17, 2014, the Defendant was passing ahead of the charge without any justifiable reason, where he was under influence of alcohol on the road prior to the 425 Gold Vehicle Trading Complex.

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