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(영문) 서울중앙지방법원 2015.02.12 2014고단9335

폭력행위등처벌에관한법률위반(공동재물손괴등)등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around 00:10 on August 9, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint destruction and damage, etc.) shouldered the Franchisor, etc., the victim E, who was parked at the front of the Seoul Jung-gu, Seoul, with no justifiable reason, with a light of the Franchisor car owned by the victim E, who was parked at the front of the D, and G, with a string back of the string back, thereby damaging the repair cost to KRW 589,928.

Accordingly, the defendant jointly destroyed the victim's property in common with G.

2. On August 9, 2014, at around 00:25, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of 112 declarations and arrest of flagrant offenders who were dispatched to the site after receiving 112 reports on the damage of the said car at the time and place set forth in paragraph (1) of the same Article. While the police officer I arrested G as a police officer belonging to the He District Police Station of Seoul Central Police Station, who was in charge of causing property damage, etc., and tried to open the said patrol car to get out of the said G at the patrol vehicle and let the said G get out of the vehicle, the Defendant avoided the foregoing I, stating that “I would be able to keep out of the vehicle.” This would interfere with the police officer’s legitimate performance of duties concerning the handling of 112 declarations and arrest of flagrant offenders.”

Summary of Evidence

1. Defendant's legal statement;

1. Some of the police interrogation protocol of the defendant;

1. Each police statement made to E and I;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act concerning the crime, Article 2(2) and (1)1 of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

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

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Violation of the Punishment of Violences, etc. Act (joint destruction and damage) shall not be subject to the sentencing criteria;

2. Scope of recommendations for the obstruction of performance of official duties: One month to eight months.

3. The fact that the defendant, who made the decision of sentence, led to the confession of the crime, and the damage to property; and