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(영문) 부산지방법원 2020.01.30 2019고단5846

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

Reasons

Punishment of the crime

1. On November 20, 2019, the Defendant damaged the property in front of the “C” located in the Busan Coastal System B of Busan on November 23:30, 2019, on the ground that E, who represented the DK3 vehicle, f, took a warning, thereby damaging the Defendant’s repair cost of KRW 308,000 by walking the rear side of the driver’s seat on the part of the victim F.

2. The Defendant interfered with the performance of official duties at the same place on the same day, around 23:50, and on the grounds specified in paragraph (1) and (2), and obstructed police officials’ legitimate performance of duties concerning police officials’ 112 reports, by assaulting the Defendant, such as: (a) the head of Busan Urban Police Station G District G District, which was called out after having received 112 reports; (b) the Defendant attempted to arrest the Defendant as a flagrant offender; (c) the Defendant was satisfing the breath’s breath’s breath with his own fla

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. The investigation report (afix), - a photograph;

1. Application of the written estimate statutes;

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. Article 62 (1) of the Criminal Act;

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

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Group 2 crime (determination of types) destruction and damage [Class 1] destruction, damage, etc. of property [Special Punishment]: Reduction elements: Non-taxation area of punishment [Recommendation Area and Recommendations range] mitigation area, imprisonment with labor for one month or six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to one year and nine months;

2. The Defendant who rendered a sentence on February 3, 2016.