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(영문) 대구지방법원 서부지원 2013.05.03 2012고정1885
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On September 24, 2012, the Defendant was required to present a driver’s license to the police station guard, traffic safety, and traffic guidance manual F (age 46) while driving a vehicle owned by himself/herself on the road before the D police box located in Daegu-gun, Daegu-gun, for the purpose of obstruction of performance of official duties and the Defendant, while driving a vehicle owned by himself/herself on the road.

The Defendant, while taking a bath, boomed F’s face as a hand, and spited F’s face to H(51 years of age) and I(38 years of age) of the achieved Police Station G police station G police box assistant H(51 years of age) and I(38 years of age) in the face of H three times. The Defendant spited F’s spit and spited F’s sat.

As a result, the Defendant interfered with the legitimate execution of police officers' duties, and at the same time, affected the victim F to undergo approximately two-day medical treatment; the victim H in need of approximately two-day medical treatment; the victim H inception of multiple arms; and the victim I inception of two-day medical treatment; and the victim I inception of two-month medical treatment.

2. On September 24, 2012, the Defendant damaged public goods, at around 18:25, and around 18:25, 2012, at the G police box located in the Daegu Martial ForcesJ, resisting that the Defendant took the crypted goods inside the police box as stipulated in paragraph (1) and destroyed the crypted glass equivalent to KRW 44,00,000, which is the goods used by the public offices.

Summary of Evidence

1. Each legal statement of the witness F, H, I, and K;

1. Letters of arrest of flagrant offenders and written confirmation;

1. Application of Acts and subordinate statutes to a report on investigation (victim's photograph, diagnosis document, and quotation);

1. Article 136 (1) of the Criminal Act, Article 257 (1) and Article 141 (1) of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act, which provides for an order of provisional payment.

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