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(영문) 제주지방법원 2018.05.25 2017고단3374
재물손괴등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 27, 2017, around 00:45, the Defendant damaged the Jeju Disabled Persons’s Human Rights Forum, which was parked in the same 30-dong-ro 30,000-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter referred to as “victim B”), by

2. On the same day as indicated in paragraph 1, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the report on 112 reported case by assaulting the chest of the above E in his/her hand by assaulting him/her to take a photograph of the damaged vehicle in order to obtain evidence on the spot after he/she solicited him/her to return home at the same place as indicated in paragraph 1 and reported him/her by the person who had observed the crime of destroying property at the same time and at the same time as indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police for E (Interference with the execution of public duties);

1. Each statement of B and F;

1. Application of Acts and subordinate statutes to a written estimate for an investigation report;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the selection of fines for a crime;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is that the Defendant’s crime is not less complicated in light of the background leading up to the Defendant to commit the crime, and the degree of assault against police officials.

However, the defendant does not commit a second offense against each of the crimes of this case as a first offense.

The sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be considered together, and the punishment shall be determined as per the order.

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