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(영문) 춘천지방법원 강릉지원 2016.11.30 2016고단1203
재물손괴등
Text

Defendant

A shall be punished by a fine of KRW 4 million, and by a fine of KRW 3 million,00,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On August 21, 2016, at around 05:15, the Defendant damaged the property by putting three plastic chairs at the ground floor to drink B while drinking alcohol in front of convenience stores operated by the victim D, which are operated by the victim D, while drinking alcohol.

B. The defendant is the above 1. A of the obstruction of performance of official duties.

After receiving a report at the time and place of the port, the head of the Gangseo Police Station F District G, who was dispatched to the site, failed to control the defendant who francing b, and the head of the Dongung Police Station, said G franc b, “Wer franc, franc, franc, and her death,” and assaulted the shoulder and chest of the above G at least twice by both hand.

As above, the Defendant interfered with the legitimate performance of duties by police officers concerning public peace and maintenance of order.

2. Defendant B’s above 1. A.

When A assaulted a police officer and arrested him as a flagrant offender at the time, place, and at the time, place specified in the port, and the police officer was arrested as a flagrant offender, it was called as "non-taxation of tax base", and the quih's hand, etc. H's hand, which is the hand of the police officer belonging to the F District of Gangseo-gu Police Station, was assaulted with the left hand hand.

As above, the Defendant interfered with the legitimate performance of duties by police officers concerning public peace and maintenance of order.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to G, H, I, and J;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs), internal investigation reports (Ecognating points and attaching photographs of damaged articles);

1. Article 366 of the Criminal Code (the point of causing damage to property, the choice of fines) and Article 136(1) of the Criminal Code (the point of obstructing the performance of official duties at the time of sale, and the choice of fines) concerning the crime committed by Defendant B, Article 136(1) of the Criminal Code (the choice of fines)

1. Aggravation of concurrent crimes (Defendant A), the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (ggravated Punishment for Crimes of Obstruction of Performance of Official Duties as stated above)

1. Articles 70(1) and 69 of the Criminal Act, respectively, shall be confined in a workhouse (Defendants).

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