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(영문) 서울남부지방법원 2014.09.11 2014고단2879
재물손괴등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 20, 2014, the Defendant: (a) around 01:50 on July 20, 2014, at the street hotel hotel parking lot located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, set up a sign to prevent drums located there, without any justifiable reason; and (b) cut off the string line to the string line of the C bentts owned by the Victim B, thereby laying down the string line.

Accordingly, the defendant damaged the 4.3 million won of the repair cost of the passenger car owned by the victim.

2. The obstruction of performance of official duties, the Defendant, upon receiving a report from a hotel staff member at the same time and place as described in the preceding paragraph, removed the E’s left arms by asking the Defendant for the defect in which he (55 years of age) intends to arrest the Defendant as a flagrant offender causing property damage and to board the Defendant on the patrol vehicle.

As a result, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation, and at the same time, he/she went to the left side of the victim E in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of photographs of damage to vehicle property, and photographs of violence damage Acts and subordinate statutes;

1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutually between the crimes of obstruction of performance of official duties and the crimes of injury as indicated in the judgment);

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. It appears that the crime was committed by contingently in the state of the reason for sentencing in Article 334(1) of the Criminal Procedure Act, and that it was recognized that the error was committed, the victim B agreed with the victim, and deposited KRW 1.5 million for the victim E, and the primary offender, etc. shall be punished by a fine, comprehensively taking into account the following factors:

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