beta
(영문) 대전지방법원 2017.01.18 2016고단4046

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

Reasons

Punishment of the crime

1. On September 25, 2016, at around 00:01, the Defendant damaged the glass windows by walking the chairs located in the instant restaurant due to the Defendant’s her mother in Gwangju Northern-gu’s “D cafeteria” operated by the Victim C (L, 66 years of age) who is the mother of the Defendant in Gwangju North-gu, on the ground that the victim was faced with a view to drinking at the kitchen while under the influence of alcohol.

2. On September 25, 2016, around 00:15, the Defendant: (a) at the place indicated in the foregoing paragraph 1. On September 25, 2016, the Defendant: (b) at the time and place; (c) on the grounds that the Defendant destroyed property and avoided disturbance, the Defendant reported 112 and was called out by the Defendant on the ground that the Defendant destroyed property and avoided disturbance; (d) on his hand, two Macer’s guards belonging to the police station in Gwangju Northern District (50) tried to listen to the Defendant’s statement; and (e) acted against one another, and threaten the victim by doing so; and (e) on the other, the victim continued to be arrested in the act of committing a crime of damage, etc., caused the victim’s body to be sealed by the Defendant in good faith.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the prevention, suppression, and investigation of crimes, and at the same time, the Defendant inflicted an injury on the victim, such as salt, tension, etc. in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Each statement of H and C;

1. Each photograph (as evidence list 9,12);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Crimes of destruction of recommended sentences and scope of punishment according to sentencing guidelines based on Article 62-2 of the Criminal Act of the community service order: General standards.