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(영문) 인천지방법원 부천지원 2014.04.02 2014고단272
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On December 25, 2013, the Defendant damaged the property damage: (a) on the ground that the upper house located in the apartment house located in Yacheon-gu B apartment Nadong-dong, Yacheon-si, Yacheon-si, B apartment, and the upper house was seriously damaged by the entrance door glass; (b) up to the third floor of the above B-dong building, up to the first floor, up to the first floor, 11 windows free of the stairs of each floor, which are managed by C by the victim of apartment residents, were damaged by the market price of KRW 230,00,00, which is the joint ownership of the victim of apartment owned by C.

2. On December 25, 2013, the Defendant of the obstruction of performance of official duties: around 00:45, the Defendant: (a) took a bath to the circumstances leading up to the destruction and damage of property, such as “the police officer who was called up after receiving a report from neighboring residents, Dacheon-gu B Apartment-dong 103, and asked him about the circumstances leading up to the destruction and damage of property, as stated in paragraph (1); (b) threatened him with the above E, and pushed him of the said E by hand, and obstructed the legitimate execution of duties by the police officer in relation to the criminal investigation, by assaulting the shoulder part of the above F, twice the shoulder part of the Defendant to arrest the Defendant as a flagrant offender in the crime of destruction and damage of property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Each statement of G and H;

1. A service log of a police box;

1. Application of statutes on site photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act (the point of obstructing performance of official duties), Article 366 of the Criminal Act, and the choice of fines for the crime;

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;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order cannot be deemed to be less than the nature of the crime in this case. While the defendant has been punished for the same kind of crime in the past, the above previous criminal records were sentenced to a minor fine prior to a relatively long time, and the defendant has been sentenced to a minor fine.

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