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(영문) 대전지방법원 2018.04.04 2018고단66

재물손괴등

Text

A defendant shall be punished by imprisonment for not less than eight 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 October 14, 2017, at around 22:10, the Defendant: (a) took the victim’s desire at a “E” restaurant operated by the victim D, and without any reason, took the victim’s desire under the influence of alcohol; (b) caused the victim’s damage to the victim by putting him/her on his/her wall the beer mar, the market price of which is the victim’s possession.

2. Interference with performing public duties;

A. On October 14, 2017, at around 22:35, the Defendant: (a) obstructed police officers’ legitimate execution of duties regarding the handling of reporting 112 reports by assaulting a slope G, who was dispatched to the site after receiving a report from 112, to check the Defendant’s personal information; and (b) obstructed police officers’ lawful performance of duties regarding the handling of reporting 112 reports.

B. At around 22:40 on October 14, 2017, the Defendant was arrested as a flagrant offender on the grounds that he assaulted a police officer at the above E restaurant and was transferred to a F police box boarding the back seat of the patrol vehicle, and he was not only shot, but also when he was partly tried to be detained by the Human Rights Council.

“Along with the face of H, who was accompanied by the Defendant’s head, she took one time and continued to take custody of the police box to the front of the Defendant, the Defendant obstructed the police officer’s legitimate performance of official duties in relation to the arrest of flagrant offenders by committing assaulting the Defendant, such as the instant police box having been accompanied by the Defendant’s head, and having continued to take custody of the F police box.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (in-depth photographs, etc.);

1. Relevant laws of criminal facts, Article 366 of the Criminal Act that applies to the choice of punishment, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), 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. Suspension of execution;