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(영문) 서울중앙지방법원 2021.02.02 2020고단6449
특수재물손괴등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around January 19, 2020, the Defendant: (a) around 23:00, at the Defendant’s residential inside the Dongjak-gu Seoul apartment C apartment site on the part of the Defendant, the Defendant collected a bencher on the floor of the Defendant’s wife for the reason that the Defendant’s wife “Ise drinking” (n, 49 years old); and (b) was accompanied by the Defendant’s bencing door and its loss, which is a dangerous object in the Defendant’s room, the Defendant was able to lock the inside door of the Defendant’s inner door and the part of the knife, which was a object dangerous in the Defendant’s room; and (c) was a wall fright screen of the said TV.

Accordingly, the Defendant damaged benchers and walls TV, and damaged hacks and hacks by carrying a hack, which is a dangerous object.

2. 공무집행 방해 피고인은 제 1 항 기재 일시, 장소에서, 위 범행에 대한 112 신고를 받고 출동한 동작 경찰서 소속 경위 E가 제 1 항 범행에 대하여 현행범인 체포를 하려고 하자 위 E의 가슴 부위를 양 손바닥으로 2회 세게 밀고 왼쪽 무릎을 발로 1회 걷어찼다.

Accordingly, the Defendant interfered with the duties of suppression of crimes of the above E, who is a public official who is a police official performing legitimate duties.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs and the application of the Acts and subordinate statutes to each of the public prosecutor's offices and police interrogation protocol D, each police statement protocol against E, and the investigation reporting protocol against the accused;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, and the selection of fines for the crime;

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has the record of being subject to a protective disposition as an act of violence even before the instant case, by assaulting a police officer on duty.

(b).

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