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(영문) 대구지방법원 2019.07.10 2019고단1550
공무집행방해등
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 February 17, 2019, the Defendant damaged property: (a) around 02:50 on February 17, 2019, in front of the Daegu Northern-gu, Daegu Northern-gu; (b) lent a mobile phone of the victim C; (c) refused to use the mobile phone of the victim; (d) refused to return it; (c) damaged the victim’s face face by breaking the inner diameter of the victim; and (d) damaged the victim’s cell phone cited by the victim as a defective hand in order to report it to 112; and (e) damaged the liquid and back part of the victim’s cell phone by lowering

As a result, the defendant damaged the victim's safe cellular phone in a way that amounting to KRW 200,000, and KRW 215,000.

2. At around 03:20 on the same day as indicated in paragraph (1), the Defendant 112 reported that “nick-in, south-in, South-North Korea Police Station D police boxes sent out after receiving a report from the Defendant’s act indicated in paragraph (1) and that “nick-in, South-North Korea” were defective in identifying the circumstances of the instant case, and the Defendant spawned off the head of the said E in hand, and spaw off the face of the face of the said E several times.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Application of anti-sex statutes;

1. Relevant Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of causing damage to property, the choice of fines) concerning criminal facts, the choice of punishment, and Article 36 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order takes account of the fact that the defendant damages the victim C's property and interferes with the performance of official duties by assaulting police officers E, which is disadvantageous to the crime’s liability. The confession of the defendant is made, there is no record of criminal punishment, and there is no agreement with the victim C.

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