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(영문) 의정부지방법원 2016.10.31 2016고단3268
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On June 17, 2016, at the D convenience store operated by the victim C in Yasan-si B, around 01:25, the Defendant damaged the repair cost of KRW 159,000 by breaking up twice a cash payment screen on the ground that the cash payment machine does not work properly.

2. On June 17, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) was in a district unit of the Yasan Police Station E zone, which voluntarily operated from around 02:30 on the same day to around 03:20 on the same day without returning home without completing an investigation; (b) left the cell phone at the floor of the above district unit without any justifiable reason while drunk; and (c) was frighted at a large amount of urging, the Defendant was frighted with alcohol at the district unit, which is a governmental office, for the following reasons: (a) the Defendant committed so as to “I fright, I fright, I fright, I fright, and fright in the detention room.”

3. 공무집행방해 피고인은 2016. 6. 17. 03:30경 위 익산경찰서 E지구대에서, 제2항의 행위로 같은 날 03:20경 현행범인 체포되자, 근무 중인 경찰관에게 “야이 새끼들아, 유치장에 쳐 넣어라”라는 등 욕설을 하고, 바닥에 침을 뱉으며, 지구대 벽면에 걸려있는 ‘중요지명수배자 종합 공개수배 전단지’ 등을 뜯어내고, 이를 제지하는 위 지구대 소속 경사인피해자 F(43세)의 오른쪽 허벅지 부위를 발로 1회 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the case, such as the arrest of police officers in flagrante and the transfer of personal soldiers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. G statements;

1. On-site photographs and photographs of damaged pages;

1. CCTV-cap photographs;

1. A global CCTV CD;

1. Application of the written estimate statutes;

1. Relevant Article 136(1) of the Criminal Act and Article 136(1) of the choice of punishment for the crime (the point of obstructing performance of official duties, choice of imprisonment), Article 366 of the Criminal Act (the point of destroying and damaging property, choice of imprisonment) and Article 3(3)1 of the Punishment of Minor Offenses Act.

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