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(영문) 부산지방법원 동부지원 2017.04.27 2016고정857
특수재물손괴등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who performs a contact with another person.

1. On October 17, 2015, in the C parking lot located in Suwon-gu, Busan, around 22:40 on October 17, 2015, the amount of parking fees was 3,719,300 won at the market price by citing net value, which is a dangerous object, for the reason that parking fees exceed the thought.

2. Around 22:55 on the same day, she arrested the Defendant in flagrant transit due to the suspicion of damage to the special property in this case, and assaulted the inside part of the said victim once on the face of the defect head in order to drive the Defendant in a 3-lane patrol vehicle, and obstructed the execution of legitimate duties concerning the dispatch of the report 112 reported by the said E, such as the opening of the knife with the second hand.

3. At the date, time, and place under paragraph 2, the victim E interfered with legitimate performance of duties and at the same time damaged the crypity of the above victim E in need of medical treatment for a period of 14 days.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each protocol of suspect examination of the police against E or F;

1. Letters of arrest, confirmation, notification of arrest, etc. of flagrant offenders;

1. Application of Acts and subordinate statutes to a report on investigation (in relation to attachment of a written estimate), investigation report (in relation to attachment of a written diagnosis of injury);

1. Article 369(1) and Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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