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(영문) 서울서부지방법원 2015.06.10 2015고단840

재물손괴등

Text

A defendant shall be punished by imprisonment for not less than eight months.

One knife (No. 1) of seized phrases shall be confiscated.

Reasons

Punishment of the crime

1. On April 14, 2015, the Defendant: (a) around 01:55 on April 14, 2015, the Defendant: (b) reported that the victim C was made a telephone call and walked by using a earphone equivalent to approximately KRW 80,000 at the market price owned by the victim; and (c) made the victim’s earphone cut down by openly hand.

Accordingly, the defendant damaged the victim's property.

2. Around 03:50 on April 14, 2015, the Defendant: (a) was arrested in a flagrant offender under the suspicion of property damage under the foregoing paragraph (1) at the D office of the Seoul Western Police Station D office located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the unification of Seodaemun-gu, Seoul; and (b) said, “I will fright to smoke. I will see why why we will see. I will see. I will am.).”

Accordingly, in order to listen to the warning of the Chief E (year 31) of the Seoul Western Police Station D, the victim's knife and knife the knife, which is a dangerous object, threatened the police officer with the victim's knife's knife's knife and the knife, which is the dangerous object.

Accordingly, the defendant interfered with the legitimate performance of official duties of police officers who perform duties related to criminal investigation by assaulting or threatening police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The photograph of a damaged bloppon;

1. Records of seizure, list of seizure, kniff photographic photo, report on investigation (Attachment of criminal tools against suspects and photographs of suspects), knife photograph, etc.;

1. A photograph of a CCTV closure;

1. Application of Acts and subordinate statutes concerning CDs (special obstruction of performance of official duties);

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act that apply to the crime, the choice of punishment, and Articles 144 (1) and 136 (1) of the Criminal Act (the occupation of special obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That the maximum of the long-term punishments of each of the above crimes shall be aggregated);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.