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(영문) 수원지방법원 성남지원 2017.11.02 2017고단2472
공용물건손상등
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 July 29, 2017, at around 00:15, the Defendant damaged a mobile phone case by breaking the cell phone by putting the cell phone in hand to the above D while making a call by the Defendant’s mother after receiving a report from 112 against the players on the front of the restaurant of “C” in Seongbuk-gu, Sungnam-si, Ma-si, on the 112nd day of the station where the Defendant was called to the site after having reported that he scamed, and then, the Defendant destroyed the mobile phone case by breakinging the cell phone to the floor in order to cut off the cell phone while she called to the Defendant’s mother.

Accordingly, the Defendant damaged the goods used by public offices.

2. The Defendant interfered with the performance of official duties, at the same time, at the same time, and at the same place as the preceding paragraph, committed several bathings to the Defendant, i.e., “C.” and ii) committed assault, such as selling the back head part of the above E at one time in the process of suppressing the Defendant.

As a result, the Defendant interfered with the legitimate execution of duties of police officials in relation to 112 reporting affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (the relationship of possession of personal phone cases);

1. Application of the provisions of the Acts and subordinate statutes on photographs damaged by police officers, mobile phones for business use, and photographs;

1. Relevant Article 141(1) of the Criminal Act and Article 141(1) of the Criminal Act (Crimes of Damaging Goods for Public Use), Article 136(1) of the Criminal Act (a point of obstructing the performance of official duties), and the selection of fines for the crime (including the fact that the defendant is against his/her gender, and the fact that he/she is the first offender);

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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