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(영문) 인천지방법원 부천지원 2018.10.11 2018고단2182
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

1. On August 16, 2018, the Defendant damaged property: (a) was operated by a victim C (61 tax) on the road front of the Seocheon-si, Busan on August 16, 2018.

D The victim E, installed inside a taxi for business use, opened a four hundred thousand won (300,000 won), one card terminal with the market value of 350,000 won (3.50,000 won) and one mobile phone driver with the market value of 50,000 won (50,000 won) and damaged it.

2. 공무집행 방해 및 상해 피고인은 2018. 8. 16. 20:45 경 제 1 항 기재 장소에서 112 신고를 받고 현장에 출동한 F 파출소 소속 경장 G에 의하여 폭행 및 재물 손괴 혐의의 현행 범인으로 체포되어 H 순찰차 뒷좌석에 승차 하여 이동하던 중 순찰차 내부에 설치된 안전 칸막이를 주먹으로 내리치는 등 위협적인 행동을 하여 이에 위 G이 피고인에게 수갑을 채우려 하자 발로 위 G의 얼굴을 1회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties in relation to the handling of the G 112 Report case, which is a police officer, and at the same time damaged G (32 tax) by damaging the face that requires approximately two weeks medical treatment to the damaged G (32).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. A report on investigation (with respect to the estimate of damage), a report on investigation (to refer to witness I, the hearing of Justice) and a report on investigation (to submit a black stuff and a written estimate);

1. A medical certificate;

1. Written estimate;

1. Photographs of the damaged part, a photo of the electric boomor and a photograph of a caps;

1. A copy of the work log;

1. Application of Acts and subordinate statutes governing driving licenses;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of inflicting an injury) and Article 366 of the Criminal Act;

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

1. Part concerning dismissal of the prosecution for choice of punishment

1. On August 16, 2018, the Defendant: (a) operated a victim C (61 years of age) on the front road B in Bupyeong-si, Seocheon-si on August 16, 2018.

D The reason that the victim has stopped in a taxi for business purposes without proceeding with red signals is that the victim has stopped.

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