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(영문) 서울동부지방법원 2018.06.07 2018고단923
공무집행방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for an injury at the Seoul Eastern District Court on April 5, 2017, and the said judgment became final and conclusive around that time, and is currently under suspended sentence.

[Criminal facts]

1. On February 19, 2018, the Defendant damaged the amount of the telephone phone owned by the victim D in Songpa-gu Seoul, Songpa-gu, 14:30 on February 19, 2018, without any reason, by an influence of the victim D.

Accordingly, the defendant damaged the victim's property.

2. On February 19, 2018, the Defendant: (a) was arrested as a flagrant offender for committing a crime set forth in paragraph (1) around 14:50 on February 19, 2018; (b) was on board the patrol vehicle and was moving to the Fream district of Seoul Song-gu Police Station: (c) while the Defendant reported the patrol vehicle driver’s seat to be fluor; and (d) G slope belonging to the said F District where he reported that the Defendant was fluorized

The face of the G was taken once due to the right hand, etc. of the G.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers against arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The nature of the crime is not good, and the circumstances favorable to the fact that there was a record of being punished for the crime of destroying property around 2014: The victim of the crime of destroying property reflects his/her mistake and repents his/her mistake, the fact that the victim of the crime of destroying property agreed smoothly with the victim of the crime of destroying property, and other circumstances that form the elements for the sentencing of the instant case, such as the Defendant’s age, sexual behavior, environment, etc., shall be determined as per the order.

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