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(영문) 서울중앙지방법원 2018.11.28 2018고단5416

재물손괴등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 25, 2018, at around 04:40 on May 25, 2018, the Defendant damaged the Defendant’s property damage by putting the victim’s bath at “F” entertainment drinking places operated by the victim E in Gwanak-gu in Seoul Special Metropolitan City, without any particular reason, while drinking at the victim’s bath, gathering the victim’s contact and glass with the victim’s seat, where the market price cannot be known.

2. On May 25, 2018, the Defendant interfered with the performance of official duties, and the Defendant, at the same place as on May 25, 2018, hereinafter referred to as “influences,” fluents, fluents

"A police officer of the Seoul Gwanak-gu Police Station G District, who was called upon 112 report, and Ha tried to arrest the defendant in a flagrant act due to the suspicion of damage to property, etc. by H and police officers of the Seoul Gwanak-gu Police Station G District, who were called upon 112, assaulted the defendant to walk on the left part of the above H's shootinghead and walk on the right string of the face.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers regarding the prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes of E;

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

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the following specific circumstances and the Defendant’s age, sex, environment, motive and consequence of the crime, and all the sentencing conditions as shown in the argument of the instant case, including the circumstances after the crime, shall be determined by comprehensively taking into account the following circumstances.

The circumstances at a disadvantage: The act of assaulting the police officer to perform legitimate official duties due to his uniform would hinder the exercise of legitimate public authority that should be strictly executed, and the criminal liability is not weak: the defendant is aware of and against the crime in this case.