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(영문) 서울북부지방법원 2014.04.16 2014고정594
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 25, 2013, the Defendant received a report of the existence of a person who did not pay the drinking value at the Eju shop operated by D in Jung-gu Seoul, Jung-gu, Seoul. On October 23, 2013, the Defendant interfered with the performance of official duties by obstructing the Defendant from performing his/her official duties, such as setting off G’s neck as he/she was on his/her hand, when he/she was dispatched to the F District Unit of the Jungran Police Station, G circumstances and circumstances H, and demands the Defendant to calculate the drinking value.

2. At around 00:20 the following day, the Defendant damaged objects for public use by a public office, such as destroying objects used by a civil petitioner blocking ( approximately 2 meters in length and about 1 meters in length) due to the arrest of a flagrant offender due to a crime of obstruction of performance of official duties, on the ground that the Defendant was arrested in the F Zone I located in Jung-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements prepared in D;

1. A investigation report (the analysis of global CCTV images);

1. Application of the photographic Acts and subordinate statutes to crimes committed against bracks damage;

1. Relevant Article 136(1) of the Criminal Act (the point of obstructing performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use), and selection of a fine for the crime;

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 of the provisional payment order;

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