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(영문) 부산지방법원 동부지원 2018.11.15 2018고단1558
재물손괴등
Text

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

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

Reasons

Punishment of the crime

1. On June 30, 2018, the Defendant: (a) around 06:50 on June 30, 2018, the Defendant: (b) was under the influence of alcohol in front of the “C” located in Busan Nam-gu, Busan; (c) waiting for the signal at the affected area; and (d) damaged the part of the Esp motor vehicle’s spke which was driven by the victim D while waiting for the signal at the affected area; and (c) damaged the repair cost where the pent part of the pent part cannot be identified

2. The Defendant interfered with the performance of official duties at the time and place prescribed in the above paragraph (1) and committed assault, without any reason, by 112 reported to the effect that “the Defendant would cause an accident to the Defendant due to his personal injury,” by the head of Busan Southern Police Station F District G at the Busan Southern Police Station, who was called out, attempted to restrain the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D or G by the police;

1. Application of Acts and subordinate statutes to a investigative report (on-site and on-site photographs, etc. of the upper parts), a police officer G photo, a photo of the upper parts of the G, a photo of the damaged passenger car, a criminal investigation report (Attachment of the patrol stuff image), a patrol police officer video CD, a list of reported cases of 112, and a criminal investigation report (to listen to victim D statements);

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the selection of a fine for the crime;

1. The instant crime on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is due to the use of violence against the police called out after destroying a signal waiting vehicle and receiving a report 112, and thus, is disadvantageous to the nature of such crime.

However, there are more favorable circumstances such as the fact that the defendant recognizes the facts charged and reflects the facts charged, the fact that the defendant has repaid the damage to the victim of the damage of property, and the defendant has not been sentenced to punishment exceeding the same criminal

(b) other.

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