beta
(영문) 수원지방법원 2019.05.09 2019고단410

재물손괴등

Text

A defendant shall be punished by imprisonment for six 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. On December 2, 2018, the Defendant damaged the property by gathering 3.4 million won or more at the market price, which was owned by the victim in front of the door No. C, in order to ensure that the victim D did not open a door. Around 02:47, the Defendant was unable to avoid any disturbance by opening a door in front of the wife population B apartment C.

2. The Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of reports, in consideration of the F’s face face level once a week, when he/she was informed of the date, time, and place mentioned in the above paragraph (1), and when he/she was compelled to assault D from the slope F belonging to the Gangseo-dong Police Station E District Unit.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate by a victim police officer) and a report on investigation (verification of prices of victims D relative products);

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the scope of recommending punishment) of the suspended sentence;

(a) First Crimes (Obstruction of Performance of Official Duties) : The basic area of the obstruction of performance of official duties (type 1) (two months to one year and six months) : None of them;

(b) Persons who are specially mitigated in the mitigation area (one month to six months of imprisonment): Cases where punishment is not imposed, or substantial damage is recovered; and

C. Application of standards for handling multiple crimes: Imprisonment with prison labor for six to nine months (1/2 of the upper limit of crimes No. 1) / [Determination of sentence] The crime of this case is not that of the use of violence against police officers dispatched after receiving 112 report while destroying property during the main cancellation.

However, the defendant committed the crime of this case.