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(영문) 수원지방법원 여주지원 2017.03.21 2016고단1428
재물손괴등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On October 27, 2016, the Defendant destroyed the following: (a) around 23:35, the Defendant: (b) under the influence of alcohol from the “E main store” operated by the Victim D (FE) in Gyeonggi-si, Gyeonggi-si, the Defendant: (c) destroyed one beer tin, which was placed in the table, by hand, without any reason; and (d) the portion of the chemical located on the Kabre, by lowering it into the floor of the Kabre; and (e) then, (e) damage one beer knife and one powder in the market.

2. On October 28, 2016, the Defendant interfered with the performance of official duties, within the main point above, and on the ground that the Defendant was wrong for the police officer G on the ground that, within the main point above around 00:01 on October 28, 2016, the Defendant: (a) reported by the customer 112 that he was frighting; (b) the police box belonging to the G police box at which he was called, and (c) the circumstances surrounding the instant case, etc., he was asked to the police officer G on the ground that he was bad for the police officer

“Along with high sound and drinking, assaulted at one time the threshold of the above G.

Accordingly, the defendant interfered with legitimate execution of duties concerning reporting duties and maintenance of order by the victim who is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements prepared in D;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although Article 334(1) of the Criminal Procedure Act provides that the degree of the type used by the defendant for the reason of sentencing of the punishment of the provisional payment order cannot be somewhat denied, since the day after the crime of this case was committed, the victim of property damage reflects his mistake in depth, and prepares and implements a written agreement stating that he will accept the defendant's strong intention to commit the crime of this case, and that the victim of property damage will take the Defendant's preference, and there is no history of criminal punishment after 2004, and there is no history of fine exceeding the fine.

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