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(영문) 서울동부지방법원 2019.02.14 2018고단3684

재물손괴등

Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. Around 01:00 on September 3, 2018, the Defendant damaged the Defendant’s property damage to cover approximately KRW 500,000,00 of the repair cost by drinking around the “D” drinking house operated by the Victim C, Seongdong-gu Seoul, with the left glass door of the said store owned by the victim, on a drinking basis.

2. When the Defendant was drunkd with another person under the influence of alcohol at the time and place under the foregoing Paragraph (1), and was dispatched to the site from F in the circumstances belonging to the Seoul Sungdong Police Station E zone, the Defendant committed an assault by assaulting the Defendant’s chest with his/her own chest by unsatising his/her left arms and pushing him/herself on his/her fingers.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of C’s written laws and regulations

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The act of assaulting a police officer on official duty takes into account the following factors: The fact that his/her mistake is divided and reflected in the circumstances favorable to the nature of the crime; the fact that the victim of the crime of causing property damage has agreed with the victim; the first offender is the defendant's age, character and conduct; the motive, means and consequence of the crime; and the conditions for sentencing specified in the arguments, such as