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(영문) 의정부지방법원 고양지원 2020.06.18 2020고단174

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 07:00 on January 6, 2020, the Defendant damaged the property at the market price equivalent to 5,000 won by putting a glass window installed in the corridor-gu Seoul apartment complex B apartment zone in drinking at the same place without any particular reason before it.

2. The Defendant interfered with the performance of official duties by assaulting the police officer on the handling of the 112 reported case by assaulting the police officer, such as: (a) he was sent from the head E belonging to the Goyang Police Station D District of the Goyang Police Station after receiving 112 report due to the act of causing property damage at the time and place specified in paragraph (1); and (b) he was able to see the face of Goyang E two times with his hand; and (c) he was about to see the 112 report.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement to F and E;

1. Investigation report (or relative investigation of a suspect, etc.);

1. Application of Acts and subordinate statutes to photographs on damage scenes;

1. Relevant Article 366 of the Criminal Act and Article 366 of the choice of punishment for the crime (the point of causing damage and destruction of property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) Group 2 crime (determination of types) destruction and damage [Class 1] destruction, damage, etc. of property [Special Punishment]: Reduction elements: Non-taxation area of punishment [Recommendation Area and Recommendations range] mitigation area, imprisonment with labor for one month or six months;

C. Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to one year (the upper limit of crimes No. 2).