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(영문) 대전지방법원 서산지원 2014.11.06 2014고단671

재물손괴등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On June 26, 2014, the Defendant damaged the said vehicle to ensure that the Defendant is under the influence of alcohol in front of the “surged terminal at night 149” in front of the “surged terminal at night at night, 23:40 on June 26, 2014, which is owned by the victim B, who stops there without any particular reason, and thereby, is under the influence of the Defendant’s right-hand side part of the said vehicle to walk on the left-hand side of the said vehicle so that it would be in need of repair costs under the market price.

2. At around 23:50 on June 26, 2014, the Defendant, while walking F on the street in front of the “Eju shop” located in the Sinjin-si, was subject to a 112 report on the damage of the property under paragraph (1), and was dispatched from the slope H belonging to the G District in the Sinjin-gu Police Station G District, the Defendant expressed the above H as “Phoe Y YY YY YY YY YYY YYYY YYYYYYY YYYYY YYYYY YYYYYY YYYYY YYYYYY YYYY YYY Y

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each statement of F, B, and I;

1. Application of the Acts and subordinate statutes on photographic materials;

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. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant committed the crime of this case in a state that he committed the crime of this case under the lack of mental and physical influence while under the influence of alcohol as a first offender, the fact that he agreed with the victim B, and the defendant still reflects the crime of this case, and all the conditions for sentencing as indicated in the records and arguments of this case