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(영문) 서울서부지방법원 2016.09.28 2016고단2003
재물손괴등
Text

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

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

Reasons

Punishment of the crime

1. On May 6, 2016, at around 21:00, the Defendant: (a) arrived at the destination of the victim B, a taxi driver, at the front of the 2-dong rental apartment in Seongbuk-gu Seoul Mapo-gu Seoul Metropolitan City, by using the Csi in front of the 2-dong rental apartment; (b) and (c) brought a dispute over the issue of taxi charges with the victim; and (d) caused the damage to the property of the victim of the non-repair on the repair cost by generating the back

2. The Defendant, at the time and time stated in paragraph 1, and at the place, and the circumstances belonging to the Mapo Police Station D District of the Mapo Police Station, sent out after receiving a report of 112, took a bath to “I am feass, fass, fass, and know-how, I do not pay a taxi fee,” and carried out electric works (SN:890TH Q Q2705) on the shoulder, attached to the shoulder, and carried out electric works for police use (MTP-850) on the floor by putting them on hand, and continued to francing F’s dubial, and pushed it.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression, and investigation of crimes, and damaged the objects used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E, F, and B;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act (a point of obstructing the performance of public duties) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment (the determination of all circumstances, such as the confession, the first offense, and the agreement with victims of damage to property);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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