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(영문) 부산지방법원 2016.10.20 2016고단3470

재물손괴등

Text

A defendant shall be punished by imprisonment for one year.

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. 재물손괴 피고인은 2016. 5. 18. 10:20경 부산 연제구 B에 있는 피해자 C이 운영하는 ‘D’ 유흥주점의 1층 출입구 앞에서, 피해자 소유인 시가 미상의 셔터 문을 발로 수회 걷어차 움푹 들어가게 함으로써 그 효용을 해하여 손괴하였다.

2. The Defendant, at around 10:45 on the same day as Paragraph 1, and at the same place as Paragraph 1, at around 10:45, and at the site after receiving 112 report, proposed the Defendant to invalid home, the Defendant: (a) stated that “F and Posing f of a bitch of a bitch of a bitch of the Busan Coast Police Station E District,” “F and G son,” and assaulted the F and G bridge in a manner such as spiting the face of the f and the police uniform, spiting five times on the front side of the police uniform, even after he was arrested as a flagrant offender.

Accordingly, the defendant interfered with the legitimate execution of duties of police officials on 112 reports.

3. While there are many and unspecified persons, at the same time, at a place and place as in Paragraph 2, the Defendant publicly insultingd the victims by stating that “Cunch police kis, flus, fluor, fluor, fluor, fluor, fluor, fluor of a bitch, fluor, fluor, fluor of a bitch, fluor, fluor, fluor, fluor, fluor of a bitch.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning F, H, I, and C;

1. G statements;

1. Application of each damaged photograph (No. 6~9) statute

1. Relevant Article 136(1) of the Criminal Act concerning the crime, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and Article 311 of the Criminal Act;

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

1. Selection of each sentence of imprisonment;

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. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation and order to provide community service and attend lectures.