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(영문) 수원지방법원 2016.08.18 2016고단3038

재물손괴등

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On March 8, 2016, at around 01:40, the Defendant damaged a bicycle owned by the victim so that the market price cannot be determined, such as the Plaintiff’s chiping of the bicycle back bnd, the victim D, without any justifiable reason, on the side of the “C” adjacent to the “C” located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and the Defendant damaged the Defendant’s bicycle that the Defendant had, depending on the victim who was moving the Defendant, two times of the bicycle back bnd, with the Defendant’s growth.

2. The Defendant interfered with the performance of official duties and damaged public goods at the above time, and at the above place, destroyed the repair cost of KRW 137,50,00 by having the Defendant walked to the scene and attempted to arrest the Defendant as a current criminal, such as assault, etc., by having the Defendant go to the scene by the police officer F, Assistant G, Ha, Ha, and Haman, who was called out after having received a report at the above time and at the above place, and attempted to arrest the Defendant as a police officer, such as assaulting the police officer’s H tropis and shoulders. The above police officer arrested the Defendant, and inflicted an injury to KRW 137,500 by walking the back door of the patrol vehicle by walking the windows of the patrol vehicle.

As a result, the defendant assaulted police officers to interfere with the legitimate execution of duties by police officers in relation to the prevention, suppression and investigation of crimes, and damaged objects used by the police station E zone in the Namwon Police Station E zone, which is a public official.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, G, F, I, and H;

1. Written Statement;

1. Each investigation report and photograph;

1. Application of written estimates and receipt statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141 (1) of the Criminal Act (the point of damaging goods for public use), and the selection of fines for each crime;

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 defendant's reason for sentencing of Article 334 (1) of the Criminal Procedure Act, which ordered provisional payment, damages another's bicycle during the period of suspension of execution.