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(영문) 수원지방법원 2018.07.12 2017고단6872
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On August 31, 2017, the Defendant: (a) obstructed the performance of official duties on the frontway B of Suwon-si, Suwon-si; (b) assaulted the Defendant, upon receiving a report from 112, to take a bath to return home from the head of the police box affiliated with the police box of the Suwon-gu, Police Station C, which called the Defendant: (c) sent a baby to the face of the said D and walked with the left knee.

On the same day, while arresting a flagrant offender due to interference with the performance of official duties at around 02:35 on the same day, assaulting the police box E, to walk the left side of the police box belonging to the same police box.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

2. On August 31, 2017, the Defendant: (a) was arrested as a flagrant offender due to interference with the performance of official duties at the place at the preceding port; and (b) destroyed goods used by public offices by destroying approximately KRW 113,300, the front part of the front part of the vehicle’s front part on the part of the police box, which was sent back to the patrol vehicle at the patrol vehicle at the order of 14th of the police box, to the extent that the repair cost would amount to KRW 113,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer in D or E;

1. Each statement of F, G and H;

1. Written estimate of the damaged patrol vehicle and the list of reported cases;

1. Application of Acts and subordinate statutes to photographs of victims and damaged objects;

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 Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of an alternative fine for punishment;

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 under Article 334(1) of the Criminal Procedure Act, including assaulting police officers who perform their duties by putting in prison, and continuing to resist during the arrest process, causing damage to public vehicles used by police officers.

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