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(영문) 서울중앙지방법원 2016.05.04 2016고정128
경범죄처벌법위반등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a “C” online newspaper reporter.

The defendant, who was used in the influence of alcohol on the road, 119 emergency medical service charges and carried out an emergency treatment to the defective first-aid crew, and the police box guards E were dispatched to the police box and was under the protective measures in the police box.

A. On October 20, 2015, the Defendant: (a) under the influence of alcohol within the D police box located in Jung-gu Seoul, Jung-gu, Seoul around October 21, 2015; (b) expressed the police officer’s desire to “the flab of this sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp s

B. On October 20, 2015, the Defendant: (a) destroyed public goods equivalent to KRW 167,222 for repairing expenses, such as cutting off the vehicle onto the patrol vehicle (G/Sa) within the 112 patrol vehicle, in order to arrest and transfer the vehicle to the police station on the grounds of the same ground as “A” on October 20, 2015; and (b) the Defendant destroyed public goods equivalent to KRW 167,222, by exposing the vehicle behind the driver’s seat in the patrol vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Damage photographs of the goods for official use;

1. Investigation report (the first assistant search and investigation of the members of the H police box);

1. A photograph of a closure;

1. Application of the statutes governing estimates for repair;

1. Relevant provisions of the Punishment Act concerning the facts constituting the crime, Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation in the official document), Article 141(1) of the Criminal Act (the point of disturbance for damage in the official document), and the selection of fines, respectively;

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 Defendant and the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act.

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