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(영문) 청주지방법원 2017.06.13 2017고단89
재물손괴등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The following crimes have been committed under the influence of the defendant under the influence of alcohol to discern things or lacks ability to make decisions:

1. On December 18, 2016, the Defendant: (a) around 03:40 on the Cheongju-si B and “C” road, which was parked there, without any justifiable reason, in the influence of alcohol, destroyed the Defendant’s repair cost to KRW 900,000,00 for the victim D (30 tax)’s car driving seat in the E-Spo-si E-Spo-si car, which was parked there, without any reason.

2. 공무집행 방해 피고인은 2016. 12. 18. 05:35 경 청주시 흥덕구 월 명로 236번 길 15, 청주 흥 덕경찰서 F 사무실에서, 술에 취해 그곳에 근무 중인 경찰관들에게 욕설을 하고 발차기를 하는 등 난동을 부리고, 피고인에게 수액을 주사하기 위하여 출동한 구급 대원인 청주 서부 소방서 G 소속 소방장 H의 배를 발로 1회 걷어차고, 계속하여 청주 흥 덕경찰서 I 순경 J의 배를 발로 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers, and interfered with legitimate execution of duties concerning emergency rescue of fire officers.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on damage from D, a photograph of damage from D, and a written estimate;

1. Written statements of damage from J;

1. Report of internal investigation and investigation report (as to the suspect's speech and behavior after arrest)

1. Application of the Acts and subordinate statutes to a criminal investigation report (verification of the said images) and closure photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of a fine for choosing a punishment (to take into account the fact that a person commits an offense committed by a defendant under the influence of alcohol is remarkably repented, that an agreement is reached with a victim of property damage, that the degree of interference with the execution of public duties is insignificant, and that there is no previous conviction in the same kind);

1. Reduction of mental and physical drugs: Article 10 (2) and Article 55 (1) 6 of the Criminal Act;

1. The aggravated Criminal Act for concurrent crimes.

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