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(영문) 창원지방법원 통영지원 2017.05.19 2017고단178
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

On January 17, 2017, the Defendant was sentenced to a suspended sentence of two years on a year after he/she was sentenced to a suspended sentence of two years on January 25, 2017 for the purpose of preventing a building or fire in the Changwon District Court’s territorial branch.

1. Around 00:05 on January 26, 2017, the Defendant: (a) destroyed a small-scale illness, which is a dangerous object, on the ground that the victim D’s Epoet car was on board at the top of the Dapo-gu Dapo-gu Dapo-gu Dapo-si, and was in dispute with the victim; (b) went on the front glass of the said car; and (c) went out to the first place; and (d) then, (c) one empty-type disease, which is a dangerous object, was destroyed by a 320,000 won of the market price, which is the victim’s possession, where the victim was collected with the front glass of the said car.

2. On January 26, 2017, the Defendant obstructed the performance of official duties, at around 02:50, assaulted the Defendant, with the consent of the above D, by opening the back door of the above vehicle to the 112 patrols, such as a 10 minutes of the 112 patrols, such as a franculous sound, which was sent to the site at the parking lot of the Jindo Police Station, which was located at the 1-gil 2, 1:50, to grasp the circumstances of the instant case.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 136(1) (a) (a point of hindering the performance of official duties) of the Criminal Act, and the selection of fines for a 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. Each of the crimes of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is owned by the victim D, in which the defendant, while making a dispute with the victim who made female job-care or sexual intercourse with D.

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