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(영문) 부산지방법원 2017.06.13 2016고단8172

재물손괴등

Text

[Defendant A] The defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2016. 12. 3. 03:55 경 부산 부산진구 서면 로 31( 부 전동 )에 있는 새벽시장 앞길에서 술에 취하여 일행들과 길을 걸어가다가 피해자 E이 운전하던 쏘나타 승용차 바퀴에 피고인의 발이 밟힌 것으로 오해하여 피해자 소유의 위 승용차 보닛을 주먹으로 1회 내려쳐 움푹 찌그러지게 하여 수리비 552,200원이 들도록 손괴하였다.

2. Defendant B, C, and D’s joint crimes were committed on December 3, 2016 by the police officer at the places indicated in paragraph (1) around 04:10 on December 3, 2016, and the police officer called “A” upon receiving a report and arrested A as an offender in the act of committing an act of committing an offense and tried to witness the patrol.

Accordingly, Defendant B and C are in line with the circumstances belonging to the F District of the Busan Police Station G and why they are arrested, and they are pushed ahead of the above police officers. In this case, Defendant B and C sealed the above police officers by committing dangerous acts, such as gambling head on the light of the patrol vehicle, etc., and Defendant B resisted the shoulder of the Gyeong and the Gyeong-scambling Party B, and resisted against this request. Defendant B opened the dog by putting the shoulder of the Gyeong-scam in line with the shoulder of the Gyeong-scambling Party B, Defendant C interfered with Defendant C’s selling of G in line with the process of suppressing A, and Defendant D was found to have been sold in line with the situation.

As a result, the Defendants conspired and interfered with the legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police;

1. Application of Acts and subordinate statutes of the investigation report (including evidence attached thereto at a time 26, 33, and additional evidence);

1. Defendant A of the pertinent Article of the Criminal Act concerning the facts constituting an offense: Articles 136(1) and 30 of the Criminal Act (the point of obstructing the performance of official duties)

1. Defendant A who is selected to impose a fine: Defendant B, C, and D: Imprisonment with prison labor;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Code of the Republic of Korea, which interferes with the execution of official duties.