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(영문) 수원지방법원 안양지원 2013.11.15 2013고정555
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. 피고인은 2013. 2. 7. 08:00경 안양시 만안구 S에 있는 T마트 앞길에서, U 아반떼 승용차의 운전자인 V으로부터 피고인이 차량진행을 막고 있다는 112신고를 받고 출동한 W지구대 소속 경사 X이 피고인을 상대로 차량을 못 가게 막은 이유에 대해 묻자 “야 씨발 내가 뭘 잘못했어 ”라고 욕설을 하면서 주먹으로 그곳에 정차되어 있는 28보8206호 112순찰차량의 운전석 선바이져를 내리쳐 깨뜨렸다.

Accordingly, the defendant used the 112 patrol vehicles, which were used by public offices, thereby harming the utility of the 20,000 won of the market price.

2. At around 14:40 on April 2, 2013, the Defendant, while taking meals together with the Victim A(53 years of age) who was aware of the usual Y at the “Z” restaurant located in Ansan-si, the Defendant assaulted the Victim with the Victim A(53 years of age) on the ground that the Victim was “the victim’s “the victim’s horse” by double hand, bat the victim’s breath, and walking the victim’s body going beyond the floor at a time of drinking, and walking the victim’s body going beyond the floor.

Summary of Evidence

[Case No. 1]

1. Legal statement of the witness X;

1. Written estimate (the fact of crimes No. 2 in the market);

1. Application of the witness AA’s legal statement statutes;

1. Article 141 (1) of the Criminal Act (a point of damage to public goods) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Each selective fine for punishment;

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

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

1. As to the allegation of the Defendant and his defense counsel regarding Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act, the Defendant and his defense counsel asserted that the Defendant’s act constitutes self-defense and thus does not constitute an offense by excluding illegality. However, according to the witness A’s statement, according to the witness A’s legal statement, the Defendant first assaulted A, and AA did not attack the Defendant’s fault on his part of his arms.

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