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(영문) 서울중앙지방법원 2020.05.12 2020고단650
재물손괴미수등
Text

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

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

Reasons

Punishment of the crime

1. Around January 22, 2020, the Defendant attempted to board the F Kanchep vehicle owned by the victim E, Co., Ltd., Ltd., Ltd., which was driven by D, who was a C engineer stopped to wait for customers on the front side of Jongno-gu Seoul, Jongno-gu, Seoul, and attempted to damage the F Kanchep vehicle, which was rejected from D. However, even though the above Kanchep vehicle was destroyed by the first light of the above Kanchep vehicle, the Defendant attempted to commit an attempted wind with the wind that does not damage the Kanchep vehicle.

2. On January 9, 2020, at around 22:45, the Defendant: (a) committed an act of obstruction of performance of official duties on the part of the Defendant, at the place indicated in paragraph (1) of the same Article, assaulted the chest of the above H one time in his hand by taking a bath that, when he was arrested as a flagrant offender on the charge of assault from the security guards belonging to the Seoul Faro Police Station that sent out after receiving a report of 112 telephone, he was arrested by the police officer of the Seoul Faro Police Station that was called out.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, H and I;

1. Application of Acts and subordinate statutes to a damaged photograph, CCTV image photograph, and to report on investigation;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties, the choice of fines), Articles 371 and 366 of the Criminal Act concerning the crime (the point of attempted destruction of and damage to property, and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the heavier crime of obstruction of performance of official duties);

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

1. Considering the risk of an act of violence committed against a police officer performing his/her duty on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, it is necessary to strictly punish the defendant. However, there is no past record of criminal punishment, and the defendant has not occurred any property damage caused by the confession of the crime, and damage.

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