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(영문) 제주지방법원 2018.08.29 2018고단584

재물손괴등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 10, 2017, the Defendant: (a) on December 10, 2017, the Defendant destroyed property: (b) around 20:00, the Defendant: (c) laid the tebble, which was placed on the ground that female employees are infinite at the victim C (nat, 61 years of age) under the ground that the female employees are infinite at the D dan operated by the victim C (nat, 61 years of age); and (d) continued to collect one chair, and (e) damaged the property owned by the victim equivalent to KRW 200

2. On December 10, 2017, at the place indicated in paragraph (1) around 21:23, 2017, the Defendant: (a) avoided the performance of official duties; (b) avoided the Defendant who was called to the site after receiving a report on 112; and (c) obstructed the Defendant from entering the main place in the Jeju East Police Station E District in order to separate the Defendant, the police officer, etc., who was called to the site, who was on the first floor of the 1st floor; and (d) assaulted F, such as “I am off only during the year, and bit of a bitch of the bitch of the F.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of Acts and subordinate statutes to report on investigation (related to estimating products damaged C by a victim);

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), and the selection of fines for a 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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be determined in consideration of the following circumstances.

The favorable circumstances: The defendant acknowledges and reflects a crime, and the circumstances that the above victim does not want the punishment of the defendant under an agreement with the victim of the crime of damage to property: The defendant commits a crime of obstructing the execution of official duties despite the fact that the degree of assault against public officials is not less severe, and the defendant has been punished as a crime of damage to public goods: