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(영문) 청주지방법원 제천지원 2017.07.20 2017고단170

재물손괴등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 13, 2017, at around 01:50, the Defendant damaged the victim’s property by taking five instant instant singing room and the bottom of the market price equivalent to KRW 5,000 in the market price at three parallels of 15,00, the Defendant demanded the payment of the drinking value from the injured party D’s main points of “E operated by the injured party D”, which is around 01:50 on May 13, 201.

2. At around 02:15, May 13, 2017, the Defendant publicly insultingd victims by referring to the victim G, H, and I, who is a public official of the police branch of the F District of the Incheon Police Station, who was a public official of the F District in the F District of the F District of the National Police Station, and identified the relevant facts of the instant case, at the said place, after having received a report on the 02:12 on May 13, 2017.

3. The Defendant interfered with the performance of official duties at the time and place specified in paragraph (2), as seen above, and after having received a report from 112 at the same place, and received a statement from a slope G, a public official belonging to the F District of the F District Police Station, who was a police officer of the F District of the Incheon Police Station, to the effect that the Defendant “undertakes a drinking value,” and assaulted upon the said G’s her hand, thereby obstructing police officers’ legitimate performance of duties concerning the handling of

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. A complaint filed by G, H and I;

1. Application of the Acts and subordinate statutes on photograph description;

1. Article 366 of the Criminal Act in relation to the facts constituting an offense, Article 311 of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment prescribed for the insult of a victim G with the largest offense, between the crimes of insult, and between the crimes of insult);

1. Selection of each alternative fine for punishment;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment stipulated for a crime of obstructing the execution of official duties of the largest person);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.