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(영문) 서울서부지방법원 2015.02.13 2015고단16

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

1. Damage to property;

A. At around 10:00 on November 14, 2014, the Defendant: (a) performed drinking as a customer “E” operated by the Victim D (Y, 51 years of age) located in Yongsan-gu Seoul Yongsan-gu Seoul, on the ground that he/she was drinking together with drinking while drinking together; (b) was doing a dispute with drinking together; and (c) was fluorous and bad; and (d) was fluorous and fluored in a free window so far as he/she was fluored so far.

As a result, the defendant damaged the property equivalent to 130,000 won in a repair dog by shouldering one copy of the glass window owned by the victim.

B. At around 20:00 on December 7, 2014, the Defendant: (a) expressed the main points of the above “E” as a customer and expressed to the customer who had been in the main points of drinking while under the influence of alcohol, he saw as “defluence and fluence”; and (b) destroyed the instant World Cup containing beer on his hand and damaged the property of KRW 2.50,000 by inserting it into the card terminal owned by the victim D, which was in the Kabter, and then destroying the property of KRW 2.50,00.

2. On December 27, 2014, at around 20:45, the Defendant: (a) received an assault report in front of the instant “E” and attempted to dispatch the police box G, who is a police officer belonging to the Yongsan Police Station, to the scene and arrest the flagrant offender, and (b) tried to display the G and the police officer in the above G and the passing, while taking a bath for him; (c) continuously, the Defendant interfered with the legitimate performance of official duties for the arrest of the flagrant offender, such as: (a) continuing to keep the G’s chest in a hand, and selling the blue face one time, and causing serious pains on that part; and (d) continuing to interfere with the legitimate performance of official duties for the arrest of the flagrant offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement about G, H and D;

1. A written statement of I;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Article 366 of the Criminal Act (the point of causing destruction and damage) and Article 136 of the Criminal Act concerning the criminal facts and the choice of punishment.