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(영문) 대구지방법원 2016.03.11 2016고단407

재물손괴등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On December 16, 2015, on the ground that the Defendant: (a) neglected openings in front of the victim C’s house 303 building C, Daegu Suwon-gu building B around 02:50 on December 16, 2015; and (b) destroyed the Defendant’s damage that caused the Defendant’s damage to repair costs by exposing the entrance door of the said 303 door.

2. On December 16, 2015, around 03:10, around 303:0, the Defendant obstructed the performance of official duties, at around 303:0, the Defendant was able to avoid any disturbance, such as taking a bath that the slope E belonging to the Daegu Suwon Police Station D District, which called “I am fest in the inside,” and taking a bath that “I am fest fest fest. I am f., I am f., I am at the bar, and am on the wall of the cell phone in possession.”

As a result, the defendant interfered with the legitimate execution of official duties concerning the 112 dispatch service by police officers.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of each police statement with respect to E and C;

1. To make a on-site dispatch report;

1. Application of film Acts and subordinate statutes to photographs of the fluorical fluorites;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the selection of fines for a 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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which led to the Defendant to obstruct the performance of official duties by assaulting the police officers dispatched after destroying the entrance door owned by the victim C. However, it appears that the degree of damage to the entrance appears to be minor and that the Defendant agreed with the victim C, the degree of violence inflicted on the police officer is not serious, the Defendant is against the crime of this case, and the Defendant is not subject to criminal punishment, taking into account all the conditions for sentencing favorable to the Defendant, such as the Defendant’s age, sexual behavior, and circumstances after the crime, etc.