logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.04.19 2017고단6334
공용물건손상등
Text

Defendant shall be punished by a fine of five million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. Around 00:00 on September 19, 2017, the Defendant: (a) reported that there was a fighting in front of the exit area of Gangseo-gu, Gangseo-gu, Seoul, Yangcheon-ro No. 485, Yangyang-ro 5, 112; (b) performed the instant treatment; (c) the Seoul Gangseo Police Station B guard C; and (d) the Defendant was able to have the Defendant returned to the Defendant; and (d) the Defendant was able to take the right hand of the patrol officer, who was able to take the Defendant’s hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reports and the maintenance of order.

2. On September 19, 2017, at around 00:05, at the same place as Paragraph 1, paragraph 1, the Defendant: (a) was arrested as a current offender by the police station B guard C, and patrolman D, and was arrested by the police station B guard C, Seoul, the police station, and the police officer D, in the course of carrying in the E patrol vehicle, thereby impairing its utility by having the patrol vehicle, which is an object used by a public agent B, take the front right back of the patrol vehicle, and continuously walking the inner spacker, etc. after boarding the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of shots), investigation report (report on the results of verification of field images CDs);

1. Relevant legal 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. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of the punishment stipulated for the crime against damage to goods of heavy public use);

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 (hereinafter “Criminal Procedure Act”) requires a police officer, who was dispatched after receiving a report to meet the time limit, to engage in the criminal conduct. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is as follows: (a) the circumstances leading up to and simple for the crime committed by the police officer.

arrow