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(영문) 인천지방법원 2019.09.10 2019고단4673
재물손괴등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On July 4, 2019, at around 00:27, the Defendant damaged the victim’s property in a way that the victim C operates in Gyeyang-gu Incheon Gyeyang-gu, Incheon, by breathing the front glass of the store on a multiple occasions, the front glass of the shop on the backway was broken off.

2. The Defendant: (a) arrested a flagrant offender due to a crime of destroying and damaging property as stipulated in Paragraph (1) from F of the Incheon Gyeyang Police Station E District, which was dispatched after receiving a report from the date, time, place, and 112 of Paragraph (1) stating that “Any person shouldering a glass,” and then embling the back seat of the patrol vehicle, and embling it to the said police station during the patrol vehicle; and (b) embling “this embling, embling, and embling it after sending it,” and embling the F’s neck on the front knife’s hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Application of Acts and subordinate statutes on site photographs and glass damage photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that it is not good that the defendant commits assault, such as destroying another person's property, taking a bath to the police officer called out after receiving 112 report, taking the trees, etc.

However, the defendant's mistake is recognized and is in depth against it.

The agreement was reached with the victims of property damage.

Although the police officer did not agree with the victimized police officer, the police officer was killed with his parents, and deposited one million won.

The defendant is the first offender.

These circumstances and the accused.

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