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(영문) 서울동부지방법원 2016.01.20 2015고단3603
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. Property damage and assaulting the Defendant: (a) on September 24, 2015, the victim C (28 years old) was set up a car in front of the building B in Gwangjin-gu Seoul Special Metropolitan City on September 24, 2015; (b) on the ground that the victim C (28 years old) was set up a car in India, thereby damaging the victim’s car driver’s seat line by hand; and (c) on the part of the victim set up a car, the victim set up a car in front of the building B in India

"In doing so, the shoulder of the victim was shakened by putting the shoulder of the victim, and assaulted by booming the victim's head into the head of the victim.

2. On September 24, 2015, the Defendant: (a) reported that an assault case occurred at a place specified in paragraph (1) around 01:20 on September 24, 2015; and (b) committed assault by the Defendant, i.e., taking the circumstances leading up to the Seoul Mine Police Station D branch E to listen to the details of the report from C; and (c) glick up E’s left arms.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol against C and E;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, Articles 260 (1) and 136 (1) of the Criminal Act, the choice of a fine concerning facts constituting an offense, and the choice of a fine;

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. Taking into account the following factors: (a) the fact that the sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse is against the reason; (b) the injury is minor; (c) the assault against the victim and police officer is relatively minor; and (d) the first offender is a single offender.

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