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(영문) 수원지방법원 안산지원 2018.06.05 2018고단927

재물손괴등

Text

A defendant shall be punished by imprisonment for 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. On December 21, 2017, the Defendant: (a) was under the influence of alcohol at his house located in C and 401, the Defendant: (b) was able to throw away from the Defendant’s spouse; (c) was able to remove the Plaintiff, and (d) was placed on the floor of the instant instant cup 22:00; and (d) the Defendant was able to remove the Plaintiff’s body fighting with the Plaintiff’s spouse E, and damaged the Defendant’s fighting.

2. The Defendant interfered with the performance of official duties, at the above date, at the above place, and at the same time and place, and at the case of domestic violence, G, a police official of the F District of the Si-Yan Police Station, who was a police officer of the F District of the Si-Yan Police Station, sent out one time to arrest the Defendant as an offender, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of reports and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

1. Each report on investigation;

1. Application of each statute on photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the crime is bad and the necessity of strict delegation is required to protect public authority.

The degree of tangible force inflicted on the body of a police officer is not weak.

However, considering the fact that the defendant seems to be late against the defendant, that the victim of the damage of property does not want the punishment, that there is no record of punishment exceeding the fine, and that there is no record of punishment other than the defendant's age, occupation, sex, environment and circumstances before and after the crime of this case, the punishment like the order shall be determined by comprehensively taking into account all the conditions of the sentencing as shown in