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(영문) 의정부지방법원 2018.05.23 2018고단1127
모욕등
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

1. On January 9, 2018, the Defendant interfered with the performance of official duties, at the front of the 501-dong-dong apartment complex located in the 14-ro 2-ro, Seocheon-si, Seocheon-si around 07:05, the Defendant 501-dong-ro, Seocheon-si, Seoul, approximately 20.

Upon receipt of the report of 112, “,” the police officers belonging to the Seocheon Police Station C District District, who were sent to the site and prevented the Defendant from doing his behavior, used D’s hand and used D’s hand, and used C’s hand to restrain it, and used C’s Dabbbbbbbbs, etc. to stop it.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. The Defendant damaged public goods, at the time, at the place specified in paragraph 1, and at the place, the Defendant laid down the 5 mobile phone business-use (PDA) in hand in Samsung Gallon, which was put in a ballon on the left left side, and laid down the floor and broken down twice.

Accordingly, the defendant damaged the articles used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of F, D, E, G, H, and I;

1. Photographs of damaged parts (police PEA), photographs of damaged parts (E), and photographs by capturing CCTVs;

1. Investigation report (victim F telephone conversations) and investigation report (victim D telephone conversations);

1. Application of the Acts and subordinate statutes to the complaint;

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order (applicable not to the sentencing guidelines in the choice of a punishment) is that the Defendant interfered with the legitimate execution of duties by a police official in charge of the reported case and damaged a mobile phone for business purpose, which is a public object used by a police official, and thus, the State’s legal order and the establishment of public authority and the eradication of the light of the public authority.

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