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(영문) 대전지방법원 천안지원 2017.04.27 2017고단216
재물손괴등
Text

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

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

Reasons

Punishment of the crime

1. On December 31, 2016, the Defendant damaged property: (a) during the 107-dong 107-dong 107-dong 1367, the Defendant assaulted the Defendant on the part of the Defendant’s female job-friendly victim B; (b) on the ground that the police officer reported the victim’s 112 was called out, the Defendant was on the floor of the cell phone of KRW 500,000,000, which was the victim’s possession; and (c) took one cell phone of KRW 500,000,000 on the floor, which was the victim’s possession.

Accordingly, the defendant damaged the victim's property.

2. The Defendant interfered with the performance of official duties was arrested as a current offender by assaulting female-friendly B, at the time and place specified in paragraph 1, as described in paragraph 1, and destroying the mobile phone owned by the above B, and receiving 112 reports, such as damage of property, etc. by police officers and police officers assigned to the Seocheon-gu North Police Station C District guard, and E.

When the defendant was arrested as above and was walking along the patrol lane as above, he assaulted the face of the above E, sealed the body of the above D, and walked the face of the above E.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Written self-sufficiency in B and F;

1. Each statement of E and D;

1. Photographss of damaged articles, materials, and photographs of damaged articles;

1. Application of Acts and subordinate statutes to a report on investigation by each prosecutor (victim B and a DNA telephone statement by a damaged police officer);

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

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

1. Selection of each alternative fine for punishment;

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. Article 334(1) of the Criminal Procedure Act does not obstruct the performance of official duties by police officers performing duties with legitimate reasons for sentencing, and the liability for the crime such as destroying another’s property. However, this does not mean that one’s mistake is recognized.

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