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(영문) 서울중앙지방법원 2014.10.08 2014고단5157
재물손괴
Text

Defendant

A A shall be punished by a fine of 2,50,000 won, by a fine of 5,00,000 won, and by a fine of 5,00,000 won, and Defendant C, respectively.

Reasons

Punishment of the crime

1. Defendant A around 22:45 on April 21, 2014, on the ground that at the “H” restaurant operated by the victim G located in Gangnam-gu Seoul Metropolitan Government F, I, the restaurant warden, was the end of the business hours, and Defendant A collected small-scale disease on the table table on the wall surface of the restaurant, thereby damaging the windows equivalent to KRW 100,000 of the market price owned by the victim.

2. Defendant B, on the ground that the Victim J(42 years of age), who is an employee of the restaurant, was prevented at the time and place specified in paragraph (1), placed the victim’s face at one time, and placed the victim’s body with approximately three weeks of treatment.

3. The Defendant 3: (a) dump spited the part of the left luminous body of L on one occasion on the face of the defect, spits it into the face of L on one occasion with the date and time as indicated in paragraph (1); (b) 112 reported at the place, and the background and circumstances leading up to the K box of the Seoul Suwon Police Station, by asking L and the details of the report by M, etc.; and (c) hump spits it into the face of L on one occasion by drinking the defect; and (d) hump spits it into the face of M on one face, and hump spits it in need of two weeks of treatment; and (e) hump sats and hump in need of two weeks of treatment.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties and at the same time injured L and M.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police officer's statement of L, I, J and G;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Defendant A: Article 366 of the Criminal Act: Defendant C: Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 257(1) of the Criminal Act (the point of injury)

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence (Defendant C);

1. Defendant A: A of a fine (the amount of a fine is relatively minor and the victim and the victim are fully agreed upon): Defendant B of the same shall be punished by a fine and the victim shall be punished by a fine.

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