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(영문) 대전지방법원 2015.06.23 2015고단1195

재물손괴등

Text

A defendant shall be punished by imprisonment for not less than eight 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 March 21, 2015, at around 22:25, the Defendant: (a) boarded a D taxi operated by a victim C (year-old) on the street in front of the Korean bank located in Seo-gu Daejeon District, Daejeon; and (b) caused the damage to the said taxi without any justifiable reason to remove approximately 5-6 even the rear door of the head of the said taxi owned by the victim, on the ground of drinking and launching of the victim, who was requested by the victim to pay the taxi fee from the victim; and (c) caused the damage to the said taxi so that the repair cost would go up.

2. In order to verify the personal information of the above C and the Defendant, the Defendant 50 years old, who received the above C’s 112 report on the date and time set forth in paragraph (1) of the same Article, brought the police cell phone in order to identify the personal information of the above C and the Defendant, at the time of one time the above F’s arm’s length with the defective hand.

Accordingly, the defendant interfered with the legitimate performance of police officers' duties concerning 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Application of statutes on site photographs;

1. Articles 136 (1) and 366 of the Criminal Act applicable to the crimes;

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

1. It shall be decided as per the disposition for the reason under Article 62 (1) of the Criminal Act or more of the Criminal Act, considering the fact that the suspension of execution (such as the agreement with the victim C and the depth reflect