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(영문) 수원지방법원안산지원 2020.10.21 2020고단1229

재물손괴등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

1. On September 29, 2019, the Defendant: (a) around 04:20 on September 29, 2019, the Defendant fighting at the front of the member B apartment Cdong in Ansan-si; (b) the victim D who was the wife and the issue of overseas travel; and (c) damaged the victim’s cell phone at the expense of KRW 1 million at the market price owned by the victim.

2. At around 04:58 on September 29, 2019, the Defendant was arrested and detained in flagrant offender as a crime of causing property damage from the head G, the superintendent G, the superintendent of the police station of the Ansan-gu, the police station of Ansan-si, the members of Ansan-si, the head of which was called out to the same facts as those described in paragraph (1), and from the police officer G, the superintendent H and the police officer I.

When the above G was taken in, the Defendant prevented the Defendant from using the Defendant’s mobile phone, he turned the part of G’s entry into his head and broken off the right shoulder of G.

Accordingly, the defendant interfered with legitimate execution of duties concerning the situation service of police officers and the custody of suspects.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's partial statement G, the scene and destruction of the D's written statement of each police record to J, and the CCTV photographs taken on the upper part of the body;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act and the selection 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. Although the Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is against the speech, the Defendant still has been arrested, as well as has continued to assert that he/she was assaulted by the police officer, and even filed a complaint against the police officer.

The defendant well followed the police officer's instructions who called for the defendant's own arrest, and the defendant, who is a Trine in a wall, had a extreme interest in the wall, caused the resistance, and four police officers attack the defendant.