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(영문) 의정부지방법원 2017.04.12 2017고단573

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 12, 2016, the Defendant damaged property: (a) around 20:00, the Defendant: (b) on the 1898-4, was on board the victim’s private taxi in the Daegan apartment apartment located in Seoi-ro 1898-4, and (c) called the victim to set up a self-owned taxi in front of the E in Yangju-si Do, which was going to the Seogan-si Don in the Pakju.

Since then, the defendant, who received a demand from the injured party to pay the taxi fee, was damaged by making the victim's own car-owned vehicle, which was installed in the victim's vehicle, get off the card terminal with a large amount of KRW 30,000 on several occasions.

2. On December 12, 2016, the Defendant: (a) was arrested of the victim G (50 years old) who was the police officer of the Gyeonggi-do Police Station F patrol Station affiliated with the Gyeonggi-do Police Station F patrol Station located in D on December 12, 2016, and became a police box boarding the patrol vehicle.

At a point of 100 meters of the police box, the Defendant: (a) asked the victim of the instant case at a point of 100 meters of the police box boarding and carrying the patrol vehicle as above; (b) provided the victim’s desire to call the case; and (c) took the victim’s face to drink the victim’s left side by drinking the victim; and (d) boomed the victim’s face on one occasion due to the victim’s head.

As a result, the Defendant interfered with the police officer's legitimate performance of official duties concerning the handling of reported cases and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement concerning G and B;

1. Each description of damaged photographs, on-site photographs, damaged parts of photographs, and the application of video-related Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the reasons for sentencing as set forth below) (the grounds for sentencing are legally applicable.