(영문) 서울서부지방법원 2017.09.13 2016고단893

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(영문) 서울서부지방법원 2017.09.13 2016고단893

재물손괴

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Defendant

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

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Defendant (Defendant B) participated in an assembly called “J”, which is a member of “H (hereinafter referred to as “H”) from 10:15 to 12:15 of the same day, against the 3rd Yongsan-gu Seoul Yongsandong, Yongsan-gu, Seoul, as well as approximately 60 members, including H members, in the front of the Ministry of National Defense located in the front of the Ministry of National Defense.

The reason why the participants in the assembly want to leave the vehicle on the road in operation beyond the line for the maintenance of order set up on the border of India and the road, the police officers opened the line for the maintenance of order beyond the floor of K to prevent the aggravation of the assembly situation and safety accidents, and the participants in the assembly arrested in and around the crime committed during the assembly, and the situation where the participants in the assembly were boomed.

Accordingly, Defendant B, who was the participants of the assembly, she was a police officer of the Seoul National Police Agency 1 Dong-dong L of the Seoul National Police Agency, was a police officer with his body, and Defendant B, the two arms of the above M, interfered with the legitimate execution of duties by the police officer on the maintenance of public safety and order, and at the same time, she was a fluoral dum sp, which requires two-day medical treatment to the victim M. (28 tax).

Summary of Evidence

1. Legal statement of the witness N;

1. Statement of the witness M in the fourth public trial protocol;

1. Statement made by the witnessO in the fifth public trial records;

1. Each police statement made against M,O, or N;

1. Medical certificate (the list No. 55);

1. CCTV images (Evidence No. 76);

1. Application of field photographs (Evidence Nos. 26, 30, 54) and photographs ( damaged polysiums)-related statutes;

1. Articles 136 and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;