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(영문) 서울동부지방법원 2013.03.21 2013고단56
재물손괴등
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

1. Around January 5, 2013, the Defendant damaged property by means of drinking an empty vehicle sign, etc. in the market price set up in the E-si operated by the victim Da prior to Gwangjin-gu Seoul Special Metropolitan City, on the ground that the victim D would pay a taxi fee to the Defendant.

2. The Defendant: (a) had the victim move to the Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu), a destination, as he/she was boarding a taxi operated by the said victim and paid the taxi fee.

However, there was no cash or card held by the defendant, and there was no intention or ability to pay taxi charges to the victim.

The Defendant, as such, by deceiving the victim and allowing the victim to operate the taxi to the destination, did not pay 20,700 won of the taxi fee, thereby acquiring pecuniary benefits equivalent to the said amount.

3. On January 5, 2013, the Defendant obstruction of performance of official duties: (a) assaulted at G cafeteria located in Gwangjin-gu Seoul Special Metropolitan City, that “I, who is a police officer belonging to the H District Zone, called “I, for what reason, I do, I have to come to his governance,” and “I have to go to do so once, I have to go to do so”; (b) assaulted the police officer’s legitimate performance of duties concerning the prevention and investigation of the crime, by doing so.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of the respective laws and regulations of J and I

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of fines, respectively;

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

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

1. The defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act.

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