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(영문) 대구지방법원 2020.10.15 2020고단4108

재물손괴등

Text

A defendant shall be punished by imprisonment for six 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 July 17, 2020, at around 22:40, the Defendant damaged the property in front of C in Busan Metropolitan City, the Defendant, under the influence of alcohol, when making the victim D (n, 76 years of age)-owned loss of the market value, and when making the victim E (n, South and 5 years of age) knife a small-scale vehicle operated by the victim E (n, South and 5 years of age) with both hand and stopped, thereby damaging the left-hand side of the vehicle once in order to have the 370,170 won of the repair cost.

2. On July 17, 2020, the Defendant: (a) at the same place on July 17, 2020; (b) received 112 reports on the damage of and damage to property as above; and (c) on the police officers G, etc. belonging to the F District of the Gyeongsan Police Station, the Defendant placed the front glass door of the other vehicle listed on the patrol Bos.

Accordingly, when the Defendant was demanded from the above G to present an identification card in order to verify the background leading up to 112 reporting and the Defendant’s identity, the Defendant committed assault, such as, on the cell phone, the cell phone cited in the above G, 2 to 3 times, the left scam of the above G, and the slope H belonging to the same district unit, “a thickness scampule for presenting identification cards”, and threatening him to scam with a bad hand, and as he prevented G from stopping this, he committed assault by five times the chest part of G’s chest on the right hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Each written statement of the police concerning the defendant's legal statement G, I, E, and H;

1. Application of Acts and subordinate statutes of a report on internal investigation, report on internal investigation, report on internal investigation (fixtures of damaged vehicles), and report on internal investigation (f district large work site, photographic, and written estimate to which the application of the said Acts and subordinate statutes is made;

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

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. The circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, and the defendant's age, occupation, character and conduct, environment, and motive for the crime.