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(영문) 서울서부지방법원 2021.03.19 2020고단3318
재물손괴등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 16, 2020, on the front side of Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 19:45, on the ground that the Defendant damaged a cab owned by the injured party D, Inc., the Defendant was able to remove the 919,410 won of repair cost by pushing the Defendant’s bicycle to the cab owned by the injured party D, Inc., the Defendant was driving with C and snow.

2. When the Defendant was arrested by F, a police officer belonging to the Seoul Seodaemun Police Station E box, who was dispatched after receiving a report on 112 at the above date and time, at the above place, the Defendant obstructed the police officer’s legitimate performance of duties concerning the arrest of the police officer in the act of committing an act of committing an act of committing an offense, and thereby obstructing the police officer’s lawful performance of duties by walking the left side of the police officer once.

Summary of Evidence

1. The defendant's legal statement (the date of the fourth public trial shall be the date);

1. The legal statement of the witness C;

1. Working place in the police statement record against F;

1. Application of the Act and subordinate statutes on criminal investigation reports (report attached to a quotation), DNA campaigns, and photographs damaged by the reproduction of CD images, as well as the suspect's bicycle photograph;

1. Relevant Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties), the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act aggravated punishment for concurrent crimes by selecting each fine for a crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act has the history of having been punished several times due to the crime of violence, the crime of interference with duties and the crime of interference with the execution of official duties, the defendant was sentenced to a punishment for special injury, and the crime of this case was committed during the period of repeated crime after the execution of the sentence was completed, and the defendant paid repair expenses to the victim of property, or the defendant did not want to be punished by the victim of property damage, the defendant led to the confession and reflect of his crime, the defendant did not focus on the degree of tangible force that the defendant exercised against the police officer.

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