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(영문) 서울서부지방법원 2019.11.27 2019고단3402

재물손괴등

Text

A defendant shall be punished by imprisonment for four 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 26, 2019, the Defendant, while drunk in the Eunpyeong-gu Seoul Metropolitan Government B apartment C-dong underground parking lot on July 26, 2019, destroyed the door door door of the underground parking lot (30cm in diameter, 3 cm in length, 132 cm in length) with a hacks installed in an elevator without good cause. The Defendant damaged the door door of the underground parking lot (30cm in length, 80cm in length).

2. The Defendant: (a) was asked by the police officer, who was called upon with 112 reports at the same date and time, at the same place as above (hereinafter “the scene of damage to the site glass”); and (b) was asked by the police officer, who is a police officer affiliated with the Seoul Bupyeong Police Station D police box, about how the glass was broken out; (c) requested that the Defendant go to the parking lot because it is dangerous for the said E to have the glass damaged on the floor; and (d) requested that the Defendant go to the parking lot because the said E would have been damaged on the floor; and (e) the said E would have satisfed twice the breast part of the chest, and satisfed the head.

Accordingly, the Defendant assaulted the police officer as above and obstructed the police officer's legitimate performance of official duties concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police statements prepared in F;

1. Application of Acts and subordinate statutes on the list of damaged objects and the list of 112 reported cases;

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, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crimes of obstruction of performance of official duties heavier than punishment);

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). [No. 1] Performance of Official Duties / Forced Performance of Duties / [Special Convicts] Reduction element: Non-performance of Punishment [Recommendation and Extent of Recommendation] mitigated range;