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(영문) 대전지방법원 2017.09.22 2017고단2234
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 9, 2017, at around 03:00, the Defendant: (a) reported on May 9, 2017, at the top of the Daejeon Seosung-gu Daejeon building, that there is a female who was frighted, and (b) destroyed the top line (sunitor) on the part of the Defendant, while taking a bath to a slopeF, who was returning to the Defendant by Ethical G, and by a slopeF, was returning to the Defendant.

In addition, around 03:10 on the same day, the Defendant expressed his desire to the E from the corridor of the third floor of the building C at around 03:10 on the same day to prevent him from wrapping G and wrapping it, and made one time the left side of E at one time by his hand.

As a result, the Defendant assaulted police officers E and F in charge of 112 reporting duties to interfere with legitimate performance of duties, and undermined the utility of property for the repair cost of the above vehicle owned by the victim H in amount to KRW 543,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the Acts and subordinate statutes written in E, F and H;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by mutual consent among persons who are more severe);

1. Selection of each alternative fine for punishment;

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. Consideration of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of the exercise of price attachment and tangible force, victim H agreement, initial crime, etc.

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