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(영문) 청주지방법원 2018.07.17 2017고단1619

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Around March 19, 2017, the Defendant damaged property by drinking at the “E” singing practice place operated by the victim D, who had been in Heak-gu C on the ground that, under the influence of alcohol, the Defendant would bring about a lot of money from the victim F, who was suffering from the entrance wall at the entrance wall of the said singing practice place, and thereby damaging its utility by drinking at the time of drinking one set of money equivalent to KRW 50,000, the market value of the victim, which was owned by the victim of the said singing practice place.

2. 공무집행 방해 피고인은 제 1 항과 같은 일시, 장소에서 112 신고를 받고 출동한 청주 흥 덕경찰서 G 지구대 소속 경찰관들 로부터 현행 범인으로 체포를 당하게 되자, 손톱으로 위 지구대 소속 경찰관인 H 경위, I 순경의 손등을 할퀴고, 위 I 순경의 가슴 부위를 수차례 걷어차고, 발로 위 지구대 소속 경찰관인 J 순경의 가슴 부위, 다리 부위를 수차례 걷어찼다.

Accordingly, the Defendant interfered with a police officer’s legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Each statement of H and I;

1. A report on damage to D;

1. Application of the Acts and subordinate statutes governing the arrest and reporting of the occurrence of a case, and the handling of reported cases;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Each imprisonment with prison labor (the history and degree of crimes related to majority drinking and interference with the performance of official duties, etc.);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the violation of law, the violation of law, and the absence of a previous conviction or heavier);

1. It is so decided as per Disposition on the grounds of protection observation, attendance order and community service order under Article 62-2 of the Criminal Act or more;