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(영문) 인천지방법원 2014.10.23 2014고단4417

재물손괴등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 9, 2014, the Defendant: (a) around 03:03 on February 9, 2014, 2014, the Defendant: (b) walked the door door of the driver’s seat of the D cab driven by the victim C (the age of 56) in front of the Taeyang Building near Seo-gu Incheon Seo-gu Incheon, Seo-gu, Incheon, thereby damaging the repair cost of KRW 258,398.

On September 15, 2014, at around 21:15, the Defendant: (a) stated that “The head of Seo-gu, Seo-gu, Incheon, Seo-gu, 202, would drink alcohol and enjoy alcohol on the corridor and the corridor.” (b) stated that “The head of Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon, the G District of the Seo-gu, Incheon, which was called upon a 112 report by F, recommended the above H to invalid and return to the Republic of Korea by probreding the Defendant regardless of whether the circumstances H, etc. belonging to the G District in the Seo-gu, Incheon, the police officer of the G District, and the internal police officer of the G District.” (c) assaulted the above H at once on the floor of hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. Each report on investigation;

1. Application of the statutes governing repair estimates;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act of the probation and community service order is the enemy who has been punished for the same kind of crime, it is also necessary to strictly punish the defendant if he or she considers only repeats the crime of this case.

However, the sentencing conditions indicated in the record, such as the defendant's age, character and behavior, environment, family relationship, occupation and health condition, etc., shall be considered and sentenced as the disposition in full.

Public Prosecution Rejection Parts

1. The Defendant’s summary of this part of the facts charged is front of solar buildings near the Seo-gu, Incheon, Seo-gu, Incheon, around 03:03 on February 9, 2014.