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(영문) 서울중앙지방법원 2016.06.23 2016고단1915

재물손괴등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 22, 2016, at around 00:00, the Defendant: (a) performed drinking on the first floor of the Gangnam-gu Seoul Metropolitan Government C building on the ground that D, who resides in the fourth floor, does not have telephone contact; (b) thereby, the Defendant destroyed one lock device installed at the front door of the building at the market price, the market price of which is the manager of the said building, where the Defendant was unable to know the names by putting the first floor door of the building and scambling the door.

2. The Defendant infringed upon a structure at the same time and at the same place as in paragraph (1) above, destroyed the locking system of the entrance door of the 1st floor of the C building and intruded into the structure managed by others.

3. The Defendant interfered with the performance of official duties, at around 00:55 on March 22, 2016, intruded into C building and resided at the fourth floor, such as paragraphs 1 and 2 of the preceding two paragraphs, at a police box of Seoul Suwon Police Station E (Seoul).

D During being arrested as a current offender by the chief police officer H, etc. of the same police box who was dispatched after being reported as the fact of assaulting F and his/her children G, etc., he/she shall take a bath to report that the assistant assistant I belonging to the same police box enter the police box by accompanying him/her to the above F, etc. of the person who was victimized by the assault, and proceed to F.

as soon as I is placed in place, “I is subject to the governance,”

I do not agree.

“Abruting the bath and bruting the drinking water to I.

Accordingly, the defendant interfered with legitimate execution of duties concerning the I criminal investigation, which is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to I, F, and G;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 366 of the Criminal Act, Articles 319 (1) (the point of intrusion on a structure), 136 (1) (the point of obstructing the performance of official duties) and the selection of fines for the 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.