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(영문) 대구지방법원 2014.11.07 2014고단4680

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 19, 2014, at around 01:30 on May 19, 201, the Defendant suffered from property damage: (a) the Defendant had the same drinking in the E-cafeteria operated by the victim D in Daegu-gu, Daegu-gu.

The total market value of 1,450,000 won was damaged by putting booms, booms and booms on the booms and booms on the booms.

2. The Defendant interfered with business at the above time, at the above place, laid the misunderstanding and alcohol disease as above, and putting about 20 minutes of the disturbance, such as “a sprinke sprinke,” etc., and obstructed the victim’s restaurant business by force on the part of customers who found the small amount of 20 minutes of the disturbance at the restaurant.

3. On the same day, at around 02:05 on the same day, the Defendant: (a) sent to the F Zone G located in the Daegu Southern Police Station, which received a report of 112, asked the Defendant to look for the circumstances of the instant case; (b) “I would like to do so; (c) I would like to see that I would like to do so; and (d) I would like to take one time the face of G due to drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of G 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Place of service;

1. Written estimate;

1. Application of Acts and subordinate statutes, such as field photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (six to one year and four months) of the obstruction of performance of official duties. [Judgment of sentence] The defendant not only damaged the victim's D's property and interfered with the business, but also the police officer dispatched after receiving a report under the influence of alcohol.