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(영문) 서울남부지방법원 2019.01.25 2018고단6280

재물손괴등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 29, 2018, the Defendant destroyed the damage of property by drinking 30,000 won at the victim’s market price attached thereto, on the ground that the victim D, who was a business owner around the Yeongdeungpo-gu Seoul Metropolitan Government B and the second floor “C,” did not receive a drunk customer.

2. 공무집행방해 피고인은 2018. 8. 30. 00:10경 제1항 기재 노래방 출입문 앞에서 “주취 손님이 주먹으로 유리를 깼다”라는 신고를 받고 출동한 영등포경찰서 E 지구대 경찰관 순경 F가 술에 취한 피고인을 제1항 피해자와 분리하고 노래방으로 들어가지 못하게 하자, “경찰새끼들”이라고 욕설을 하면서 갑자기 주먹으로 위 F의 왼쪽 가슴을 1회 때려 112신고 사건 처리에 관한 경찰공무원의 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared D and G;

1. The police statement concerning F;

1. 112 Notification to a department related to the report of the case;

1. Application of Acts and subordinate statutes to string photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act suspended execution (including the fact that the defendant is not subject to criminal punishment in the Republic of Korea, and that the defendant does not want the punishment of the defendant by mutual consent with the victim who has damaged property and the victim