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(영문) 인천지방법원 2018.01.11 2017고단7186
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On August 9, 2017, the Defendant interfered with the performance of official duties, around 23:20 on the front day of the Seo-gu Incheon, Seo-gu, Incheon, 1, 1, 1, 1, 1, 2017, and 1, 200, and 1, 200, 200, 200, 200, 200, 300,000,000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000).

Accordingly, the defendants assaulted the public officials who perform their duties.

2. The Defendant damaged public goods at the time and place indicated in the preceding paragraph, and at the time and place, tried to go to the F patrol vehicle in question, leaving a string of the defective patrol vehicle into the patrol vehicle, and caused damage to the repair expense to the front door and the Bos.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Photographs of damaged police officers;

1. Application of Acts and subordinate statutes to each investigation report and estimates of damage;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act concerning the facts constituting an offense (the point of impairing goods for public use) of the same Act;

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 committing a crime more severe D);

1. Selection of each selective fine for punishment (the following extenuating circumstances among the reasons for sentencing shall be considered):

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which provides for aggravated concurrent crimes (aggravating concurrent crimes with the punishment stipulated for a crime of obstructing the execution of heavier official duties);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 15 million won;

2. The sentencing criteria shall not apply since the decision of sentencing has been chosen: a fine of three million won is the national legal order.

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