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(영문) 수원지방법원 여주지원 2016.01.27 2015고단1237
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. Damage to goods for public use;

A. On November 18, 2015, the Defendant was asked at “C” restaurant restaurant “A” located in the Gyeonggi Pyeong-gun B of Gyeonggi-gu, the Defendant was asked at the question of the developments leading up to the police box at which the Defendant sent to the site after receiving a report of 112, and the E during which the Defendant was asked from the slope F of the police box at which he was sent to the site.

However, Defendant 1 expressed a desire to the above police officers, and plucked with the antenna amounting to 49,500 won at the market price following the left-hand side of Gabur lurg patrol vehicle which the police officers on board.

B. On November 18, 2015, around 14:25, the Defendant was arrested as the current offender of the crime described in the above paragraph (a) and was transferred to the Damp withdrawn located in Gyeonggi-gun H, and was seated in the above police box.

As above, the Defendant, who was arrested and taken in custody, had a view to walking a civil petitioner response string up with a light of approximately KRW 400,000 of the repair cost.

Accordingly, the Defendant damaged the goods used by public offices.

2. The Defendant interfered with the performance of official duties at the time and place specified in paragraph (1) and at the place specified in paragraph (1) of this Article, arrested as an offender under the above E, etc. due to the crime described in paragraph (1) of this Article, and forced the Defendant to board the front seat of the patrol vehicle, and assaulted the Defendant’s two sides of the above E in front of the Defendant.

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to photographs and estimates;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the selection of fines for the 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 order of provisional payment;

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