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(영문) 전주지방법원정읍지원 2020.08.27 2020고단322

재물손괴등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On May 28, 2020, the Defendant: (a) was under the influence of alcohol on the street in front of C in Seojin-gu, Seojin-gu; (b) on May 28, 2020, the Defendant: (c) was deprived of and destroyed the market price of KRW 190,000, the market price of which the victim D (the age of 48) was worn, without any justifiable reason; and (d) was laid down on the floor

2. The Defendant injured the victim E (the 48-year-old) who committed the above D’s act at the above date, time, at the above place, and at the above time, she saw the victim’s face at one time by drinking the victim himself/herself.

3. The Defendant voluntarily operated with the police officer G and the police officer G belonging to the police box who was dispatched to the scene after receiving a report of 112 due to the foregoing disturbance, along with the police officer G and the police officer H who was dispatched to the scene.

On May 28, 2020, at around 23:15, the Defendant continued to be drunk and carried out the duties inside the instant police box under the influence of influence of alcohol within the instant police box, and committed violence to the police officer after the police officer assigned to the said police box, who carried out his duties within the instant police box, “I am Don,” and the Defendant’s handphone was carried out by the said police officer, etc., and the police officer within the said police box exceeded the police officer’s awareness of the defect in order to restrain Don and the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in the police box.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to D, E, and J;

1. On-site photographs (victims, etc.);

1. Investigation report (on-site conditions, etc. of the relevant party branch office);

1. 112 Reporting case handling table; and

1. A report on internal investigation (Attachment of CCTV images to the Ftations);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 257 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for the most severe injury);

1. Article 62 of the Criminal Act: