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(영문) 대구지방법원 2018.11.08 2018고단3675
재물손괴등
Text

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

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

Reasons

Punishment of the crime

1. On July 6, 2018, the Defendant damaged the victim C’s house located in Daegu-gu, Dong-gu, Daegu-gu, by drinking a glass window equivalent to KRW 100,000,00 in the market price owned by the victim.

2. The Defendant interfered with the performance of official duties, and the injured Defendant was at the front of the new middle school of the Dong-gu, Daegu-gu, Seoul-gu, in the direction of the new middle school located in 255, which was reported by the above C, and was sent by the Defendant to the victim E ( South, 52 years old) of the police station in the Daegu Dong-gu, Seoul-gu, where the Defendant damaged the property, and the circumstances surrounding D’s living safety, and the victim E (the remaining, 52 years old) who was called up. The Defendant was at the time when he was her seated with the victim.

As a result, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases, and at the same time, the victim was in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. C’s statement;

1. Place of work D;

1. Application of Acts and subordinate statutes to investigation reports (related to the submission of victim E diagnosis reports and identification photographs);

1. Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the relevant Act;

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

1. Selection of each alternative fine for punishment;

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. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse is not good in view of the following: (a) the Defendant, under the influence of alcohol, destroyed the house glass of a male son; (b) assaulting the police officer dispatched to prevent the Defendant’s danger to interfere with legitimate performance of official duties; and (c) inflict an injury on the victimized police officer at the same time.

However, the defendant has been punished so far.

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