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(영문) 서울서부지방법원 2016.06.08 2016고단1006

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. The Defendant who damaged property is under the influence of alcohol in front of Yongsan-gu Seoul Metropolitan Government on March 26, 2016, and without any justifiable reason, he/she was driven by the Victim C.

DYF YF typ strings of taxi vehicles and walked once alight and damaged the victim's property.

2. Around March 26, 2016, the Defendant obstructed the performance of official duties, and the Defendant was under investigation by the F police box located in Yongsan-gu Seoul, Yongsan-gu, Seoul on the charge of causing damage to the said property, and the Defendant was subject to restraint by exercising violence against the Defendant’s friendship, etc., and the Defendant was faced with the Defendant’s right side part of the left face part of G, one time as a drinking material, and the Defendant Ha’s right-hand buckbucks.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes, and at the same time, left the country where the number of days of treatment cannot be known to the victim H.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. A H statement;

1. Application of Acts and subordinate statutes to photographs damaged;

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. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing as set forth below) are the first offender, and all of the crimes of this case are recognized, and their errors are divided, the victim of property damage has reached an agreement with C. It appears that the act of this case has been brought about contingently while drinking alcohol, and other factors such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered in light of various conditions of sentencing as set forth in the arguments of this case.