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(영문) 서울서부지방법원 2013.05.01 2013고정285
공무집행방해등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 02:00 on July 29, 2012, the Defendant damaged the victim’s property by putting the scooters owned by the victim C parked on the front of the Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Seoul Metropolitan Area into several occasions, and thereby damaging the victim’s property so that approximately KRW 2,574,000 for repair costs, such as defects in the scooter’s left and right.

2. The Defendant, at around 02:10 on July 29, 2012, arrested a flagrant offender for the same reason as Paragraph 1, at Mapo-gu Seoul Mapo-gu Seoul District District, and obstructed police officers’ legitimate performance of official duties by taking advantage of alcohol, by walking the victim D’s legs and arms from a police officer assigned to the said District B zone, and by drinking the knife, obstructing police officers’ legitimate performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to an investigation report (to submit a written estimate for damage and to attach photographs of damaged dives);

1. Relevant Article 136(1) of the Criminal Act and Article 366 of the Criminal Act (the point of obstructing performance of official duties, the choice of fines), and Article 366 of the Criminal Act (the point of destroying and damaging property and the choice of fines)

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;

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