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(영문) 대구지방법원 서부지원 2013.09.27 2013고정913
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On May 15, 2013, the Defendant of the obstruction of performance of official duties: (a) on the front side of the Seogugu, Daegu, Daegu, on the 115th day of May 15, 2013, the Defendant: (b) received a report from 112 that “it shall not enter the house because of a fluorly fluorly fluorly fluor; (c) was invited to return home from police officers belonging to the Daegu, Seogu, Police Station C District District; (d) was called as “I fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor,” and thereby interfered with the legitimate police’s and order.

2. The Defendant: (a) committed assault against the police officer as referred to in paragraph (1) at the time, place, and paragraph (1) of this Article; and (b) attempted to arrest the Defendant as a police officer of the above mobilization in a flagrant offender with suspicion of obstruction of performance of official duties; (c) resisting the Defendant, the Defendant: (a) did not enter the ground floor by leaving the opon smartphone used by the victim as his hand; and (d) destroyed the above smartphone, the market price of which is equivalent to KRW 400,000,000,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

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

1. Relevant provisions of the Criminal Act and Articles 136 (1) and 366 of the Criminal Act concerning the choice of punishment;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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