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(영문) 의정부지방법원 고양지원 2013.11.22 2013고단1922

폭력행위등처벌에관한법률위반(공동재물손괴등)등

Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On September 21, 2013, the Defendants’ co-offendered the Defendants jointly and jointly destroyed the Fow Construction Business Center run by the victim E in Gyeonggi-si, the Gyeonggi-si, on September 21, 2013, on the grounds that the victims did not look at the time with other users, and the Defendant A did not look at the time with other users. The Defendant A, by drinking, has a one-time wind stample at the market price equivalent to KRW 80,00,000 of the market price at that place. Defendant B, by gathering the stones around his hand, destroyed each by destroying them at the entrance window of the above business establishment, the market price of which is equivalent to KRW 80,00.

2. On September 21, 2013, Defendant A’s sole criminal defendant was arrested as a flagrant offender to H, a police officer belonging to the Pakistan Police Station, who was called out after receiving 112 report as to the above destruction at the above establishment of the said establishment at around 23:20 on September 21, 2013, and was transferred to the G police box located in I at the time of sport strike.

The Defendant, who was dissatisfied with the arrest issued by the above G police box, continuously boomed the Defendant to the above H, and assaulted the Defendant at one time to the seat of the suspect, and obstructed the Defendant’s lawful performance of duties in relation to the management of the suspect’s new illness and criminal investigation, etc., who was arrested as a flagrant offender by the police officer.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Statement of each police statement of H and E;

1. Application of the Acts and subordinate statutes to the service log of the G police box, a certified public official evidence, and damaged photographs;

1. Defendant A of the pertinent legal provision on criminal facts: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, the choice of fines

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Articles 70 and 69 of the Criminal Act (Defendant B).