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(영문) 의정부지방법원 2013.08.21 2013고정1354
재물손괴등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A. Around 01:28 on March 15, 2013, the Defendant damaged the property amounting to 592,000 won at the market price, such as the brushing of the e-rayed vehicle owned by the victim D(27 years of age) who was parked in front of the Cju store located in Ma-si B and without any justifiable reason.

B. On March 15, 2013, the Defendant was arrested as a flagrant offender of a crime causing property damage to police officers G from the police station F District Unit G, which received a report on the same content as Paragraph (a) and received instructions from police officers G to sit as a suspect on March 15, 2013.

이에 화가 난 피고인은 경찰관 G에게 “야 이 씨발새끼들 짭새새끼들아” 등의 욕설을 하며 경찰관 G의 목 부분을 손으로 밀쳐 폭행하는 등 위력으로써 경찰관의 정당한 공무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. A H statement;

1. Damage and photograph of vehicles;

1. The closure screen by cutting down the F District CCTV;

1. Application of the written estimate statutes;

1. Relevant Articles 366 and 136 (1) of the Criminal Act and the choice of fines for criminal facts;

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

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include a criminal record of the same kind; all of the facts of the crime are recognized and reflected; the victim does not want the punishment of the defendant under the agreement with the victim D; and the means and result of the crime in this case; and the amount of the fine as above shall be determined by comprehensively taking into account all the conditions of the sentencing, such as the circumstances after the crime, the age, character and conduct

It is so decided as per Disposition for the above reasons.

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