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(영문) 서울중앙지방법원 2014.12.18 2014고단6005
재물손괴등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 4,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On May 28, 2014, at around 05:40, the Defendants assaulted Defendant A to arrest the Defendant as a flagrant offender with property damage and damage caused by a sloping G belonging to the Seoul Central Police StationF District of the Seoul Central Police Station, which was called up after receiving 112 reports from the Jung-gu Seoul Central Police Station D on May 28, 2014, and the Defendant B committed assault, such as: (a) assaulting the two arms and hys by cutting the hys and hys into the arms.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the arrest of police officers.

Summary of Evidence

1. Each legal statement of the witness J, H and G;

1. Application of the Acts and subordinate statutes on photographic materials;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose to impose a fine: Selection of fine (the amount of fine shall be determined differently, inasmuch as Defendant B had the same criminal record in determining the amount of fine, considering the fact that the Defendants’ act was not against the public authority as an unfair infringement, but the Defendants’ act was not against the public authority, and the amount of fine shall be determined differently);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The part not guilty under Article 334 (1) of the Criminal Procedure Act (Defendant A);

1. On May 28, 2014, the Defendant: (a) around 05:10 on May 28, 2014, the Defendant destroyed the boiler voting door, which is managed by the victim of the boiler located in Jung-gu Seoul Metropolitan Government, by going through a single driver and a vision while drinking alcohol in the “E” danran bar operated by the victimJ located in Jung-gu, Seoul.

2. Determination

A. The Defendant asserts that I, one’s daily activities, committed an act of destroying and damaging property as stated in this part of the facts charged, and that he did not commit this part of the charges. The Defendant seems to have committed this part of the evidence submitted by the Prosecutor.

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