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(영문) 창원지방법원 2017.09.13 2017고단2520
공무집행방해등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On July 2, 2017, the Defendant damaged property: (a) was driving on the road front of the Dong resident center located in the 517-ro, Kimhae-si, Kimhae-si on July 2, 2017; and (b) the victim B was driving.

C The vehicle was damaged to the extent that the repair cost equivalent to approximately KRW 500,000 was damaged by blocking the front of the vehicle at the driver's seat in front of the vehicle owned by the victim and unloading approximately 10,000,000 from the front of the vehicle at the driver's seat in front of the defendant's cell phone.

2. The Defendant interfered with the performance of official duties at the same place as the preceding paragraph, around 03:45 on the same day, on the ground that he asked the circumstances of this case to E during the patrol team belonging to the police station in the Kimhae-dong, Kim Jong-dong, who was dispatched after being reported to 112 on the same ground as the preceding paragraph, for the foregoing reason.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to B and E;

1. Relevant Article 366 of the Criminal Act, Articles 136 (1) and 136 (1) of the Criminal Act, and fines concerning facts constituting an offense;

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 grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order (a fine not to be set: Fine): The grounds for aggravating a fine of one year and six months: The motive for committing an offense, the motive for committing an offense against a police officer, the crime against a police officer, the records of punishment (two times a fine relating to violence), etc. that are difficult to accept: Confession, the victim B is not subject to punishment, the treatment of a principal offender, the need for assistance, etc.;

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