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(영문) 인천지방법원 2016.09.21 2016고단4837
재물손괴등
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

1. On May 25, 2016, at around 08:47, the Defendant damaged the repair cost to cover KRW 1,400,000,00,00 for the reason that the Defendant requested the victim D to provide “ack-in ck-in ck-in c,” while lodging in the Enc, managed by the victim D, located in Namdong-gu Incheon Metropolitan City, but the Defendant refused it.

2. On 05:43 on 06. 01. 06. 05:43, the Defendant, at the place indicated in the foregoing paragraph 1., requested the owner of Enbing business to reach an agreement on the property damage case, and he/she may interfere with the business from a slope belonging to the Seoul Southern Police Station F of the Incheon Southern Police Station, which was called out upon receiving a report of 112, while he/she was under the influence of alcohol at the place indicated in the foregoing paragraph, even if he/she received a recommendation to change his/her business.

In other words, the police officer's legitimate execution of duties concerning the handling of reporting 112 was interfered with by assaulting 3.8 police officers by cutting down the 3.8 old rifles, cutting the knife and cutting the knife of the knife and cutting the knife in the knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each written statement of D;

1. Application of each field photograph, standing photograph, and statutes;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the selection of fines for each crime;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant repeated the crime during the period of repeated crimes, the nature of each of the crimes of this case is not good, and the risk was high in the case of a crime interfering with the performance of official duties.

However, in consideration of the favorable circumstances such as the defendant's absence of any criminal record related to violence, the agreement with the victim D, and the detention for a certain period and the fact that the defendant seems to have an opportunity to reflect, the above circumstances and various other factors shall be selected.

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