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(영문) 광주지방법원 순천지원 2018.03.30 2017고단2052

재물손괴등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 2, 2017, the Defendant: (a) 21:15 on August 2, 2017, 201, the Defendant: (b) intending to take a walk and a vehicle in front of the D District D District located in C; and (c) stopped a vehicle in front of the FA-E owner of the victim E who was passing through the relevant place while avoiding the disturbance, and then, (d) damaged the vehicle’s repair cost to cover KRW 286,768 on the back of the driver’s seat by walking the back of the vehicle.

2. The Defendant interfered with the performance of official duties, at the same time and place as in the foregoing “1”, listens to the sound in a ludicated manner at the same time and place as in the foregoing “1” and was investigating the background of the damage against “Ah, N. N. police,” to G officers belonging to the YD District of the

b) Whether the person is capable of dealing with the

“In doing so, the said police officer’s left part of the snow was flicked one time with the obligation cited by his hand.”

Accordingly, the Defendant assaulted police officers to interfere with legitimate execution of duties concerning patrol and handling of the case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. A report on internal investigation (on-site conditions, etc.);

1. Written estimate of insurance repair costs;

1. Application of each statute on photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the defendant's primary offender; the defendant agreed with the victim of the crime of destroying property and the police officer who is the counter of the crime; the defendant wants to take the defendant's wife; the defendant reflects his mistake; the defendant's age, health conditions, home environment; the motive and circumstance of the crime; the degree of violence against the police officer; the degree of interference with the police officer's performance of duties; and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account all the sentencing conditions.