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(영문) 대전지방법원 천안지원 2016.09.30 2016고단1504

재물손괴등

Text

A defendant shall be punished by imprisonment for one year.

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 August 10, 2016, at around 00:30, the Defendant damaged the said vehicle in front of “D cafeteria” located in Asan-si, Asan-si, without any justifiable reason, in a state of under the influence of alcohol, the Defendant collected FS-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

2. Around August 10, 2016, the Defendant obstructed the performance of official duties by: (a) the Defendant was under the influence of alcohol in an emergency room of the H hospital located in Asan City, G on August 10, 2016; (b) the Defendant received a general report that the proprietor frights the fright; and (c) attempted to find out the circumstances of the case against the Defendant, etc. from the Defendant, and obstructed the Defendant’s legitimate performance of duties regarding the report of the case by assaulting the police officer, such as “this frightt, the police need not be necessary; and (d) frighting the Defendant to the said J on the face of the said J on several occasions; and (e) frighting the said J on the part of the said J on the part of the said J on the part of the said J on the part of the said J on the part of the said J on his own.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to K and L;

1. E statements;

1. Each photograph;

1. Application of Acts and subordinate statutes to investigation reports (CCTV);

1. Relevant legal provisions concerning facts constituting an offense, 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, respectively;

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. Crimes 1 (Obstruction of Execution of Official Duties) for reasons of sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] 1 (Obstruction of Execution of Official Duties and Forced Performance of Duties) for the basic area (from June to January 1) / [Special Sentencing Persons] 2 (Destruction of Recommendations) for which no person exists. The general standard of punishment / [Scope of recommending punishment].