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(영문) 대전지방법원 천안지원 2019.01.25 2018고단2714
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 August 24, 2018, from around 22:50 to 23:08, the Defendant: (a) under the influence of alcohol in front of the C convenience stores located in Chungcheongnam-gu, Chungcheongnam-gu, Dong-gu; (b) the Defendant informed him of the dissatisfaction in the water supply facility in front of his house; and (c) the Defendant informed him of the dissatisfaction in the water supply facility in front of the given convenience store operated by the victim D, and broken down the table, table, wave, etc. in excess of KRW 120,450.

Accordingly, the defendant damaged another person's property.

2. On August 24, 2018, the Defendant: (a) at around 23:00 on August 24, 2018, at around 112, while drunkly under the influence of alcohol as described in paragraph (1) prior to the convenience points as indicated in paragraph (1), committed assault by G’s chest on one-time hand, and assaulted F’s shoulder by her hand, by putting the Defendant at a slope F, affiliated with the Donannam Police Station E box, and the police box affiliated with the Y Police Station, YY, YY, YY, YY, and f, who was sent to the scene after receiving a report of 112.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. A survey report (CCTV verification);

1. Application of statutes on the photograph of the case

1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include the circumstances leading to the instant crime, the value of the property damaged by the Defendant and the degree of violence inflicted upon the police officers, the circumstances after the crime, and the fact that the Defendant has no record of punishment, etc., the punishment as ordered shall be determined by taking into account the various circumstances revealed in the arguments in the instant

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