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(영문) 인천지방법원 부천지원 2013.05.15 2013고단592
재물손괴등
Text

Defendant

A Imprisonment for six months, Defendant B, and C shall be punished by a fine of three thousand won, respectively.

Defendant

B and C shall each be subject to the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On December 9, 2012, the Defendant: (a) around 10:10 on December 10, 2012, the Defendant: (b) at F entertainment taverns operated by the victim D, “F”, “F,” the victim D, who francing to play entertainment, and the victim’s refusal to do so, heard the victim’s voice; (c) the victim’s refusal to do so had the victim’s voice; (d) the Defendant francing to the cooling house with a portable gas stamp located in the knife; and (d) the Defendant francing a house, such as a computer monitor, telephone, air condition, and petroleum knife at the knife and throw the knife onto the knife.

Accordingly, the defendant damaged the property owned by the victim to be a repair cost in the market.

B. At around 10:38 on the same day, the Defendant obstructed the police officer’s legitimate performance of duties in relation to criminal investigation by assaulting a slope H, who was dispatched to the site after receiving 112 reports on the same content as the preceding paragraph, to arrest himself as an act in the act of causing damage to his property. The Defendant committed assault by assaulting him, such as spathing the flab of the H, and spathing the body.

2. Defendant B and C conspired to arrest A at the same time and at the same place as above, and at the same time and place as above, Defendant B and C interfered with the legitimate execution of duties by police officers with regard to criminal investigation by assaulting the above H’s arms, such as cutting off and pushing ahead.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of H and D;

1. A terrestrial substitute working place, and a police official identification card;

1. Written estimate;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 136(1) and 366 of the Criminal Act; Determination of imprisonment

B. Defendant B and C: Article 136(1) of the Criminal Act; selection of fines

1. Defendant A among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B and C in the custody of a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A: Damage to property under Article 62(1) of the Criminal Act.

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