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(영문) 서울서부지방법원 2020.04.24 2020고단268

재물손괴등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[200 Highest 268]

1. On December 25, 2019, the Defendant: (a) around 07:00 on December 25, 2019, the Defendant damaged the victim’s BM passenger car parked by the victim C, who was a resident of Seodaemun-gu, prior to Seodaemun-gu Seoul, for the reason that the exchange office for the friendly Gu was located; (b) reported the victim’s BM passenger car parked by the victim C, using an influence tool; and (c) made it possible for the victim to get off the front glass of the vehicle, and caused a defect in the cost of repair, thereby damaging the amount of KRW 1.7 million

2. At around 17:20 on December 25, 2019, the Defendant searched a vehicle against the victim’s will by arbitrarily opening the door by using the gap in the driver’s seat of the said BMW car without locking the front door door door door door door door door door door door door door door door door door door door door door door, and locating the door door door door door door door door, and searching the vehicle against the victim’s will.

[200 Highest 354]

1. A theft Defendant: (a) around 09:53 on February 5, 2020, at the “F convenience store” for the victim E’s operation located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) had two pets in total equivalent to KRW 17,800, the market value of the victim’s ownership displayed in the external display stand, and stolen two pets.

2. 공무집행방해, 상해 피고인은 2020. 2. 5 18:40경 서울 서대문구 B에 있는 피고인의 집 앞에서, ‘자전거를 도난당하였다’는 피고인의 112신고를 받고 그곳에 출동한 서울서대문경찰서 G파출소 소속 경위 H로부터 잘못된 내용의 신고를 한 것은 아닌지 등의 질문을 받자, “야 씨발놈아 집에 놓아둔 자전거가 없어진 거야, 이개새끼야, 좆만한 새끼야” 등의 욕설을 하면서 주먹으로 피해자 H(남, 52세)의 인중 부위를 1회 때리고, 오른손으로 피해자의 멱살을 잡으며, 왼손으로 피해자의 성기를 움켜잡고 비틀었으며, 손으로 뒷덜미를 잡은 후발로 피해자의 가슴, 허벅지, 정강이 부위 등을 수 회 걷어찼다.

Accordingly, the defendant is justified in dealing with the 112 reported case by police officers.