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(영문) 수원지방법원 2017.08.24 2017고단3516
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 11, 2017, the Defendant: (a) discovered the Defendant: (b) tried to open and take a door of the patrol vehicle parked at the place under the influence of alcohol while he was under the process of reporting by the security guard C, who was sent to the 1709 World Camp, on the roads of the Gyeongwon-si, Youngwon-si, 1709, in front of the international campus; and (c) prevented the Defendant from doing so.

“In doing so, the said C interfered with the legitimate execution of duties in relation to the prevention, suppression and investigation of police officers’ crimes by having the chest of the said C twice.”

2. The Defendant damaged public goods at the same time and place as Paragraph 1, and at the same time as that of Paragraph 1, the police officers affiliated with B B arrested the Defendant as the current offender, and thereby damaging goods used by public offices by walking the back door of the said patrol vehicle on the back seat of the D Abdop patrol vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation reports (Interference with the performance of official duties, etc.);

1. Photographss, etc. of damaged parts;

1. Investigation report (as to cases damaged by patrols):

1. Application of Acts and subordinate statutes to a report on investigation (verification of cell phone pictures submitted by a police officer dispatched to the scene);

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant's assault while taking a bath to a police officer and obstructing the performance of official duties; the defendant destroyed a patrol vehicle which is a public object, and the nature of the crime is not good: The defendant's mistake is recognized and reflects it, and the amount exceeds a fine.

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