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(영문) 대구지방법원 김천지원 2016.08.18 2016고단870

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

Reasons

Punishment of the crime

1. On June 15, 2016, at around 22:00, the Defendant damaged the above cargo vehicle to repair KRW 100,000,000, for the following reasons: (a) the Defendant: (b) the Defendant: (c) was under the influence of alcohol on the street in front of the D, which was parked there; (d) the Defendant: (c) was able to take the fright of the cargo vehicle owned by the victim E; (d) the fright of the cargo vehicle; and (e) damaged the cargo vehicle by hand; and (e) damaged the cargo vehicle’s front part of the cargo vehicle,

2. On June 15, 2016, the Defendant was under the influence of alcohol in front of the H convenience store located in Gumi-si G around 22:10 on June 15, 2016.

I carried the Defendant’s leash, such as putting him her fat, fating him her fat, and fating him fat, etc., and “Any fater without food,” upon receiving a report from 119, the fire officers affiliated with the former fire station J 119 Safety Center, who called the Defendant, sent to the Defendant by the fire officers affiliated with the former fire officers of the fire station J 119 of the U.S., which called “I fatt fats”, put him fat to the Defendant, and continue to put him fat anywhere fat fat.

“Defectt” this Chewing farch farz.

“라고 말하며 K의 낭 심 부위를 발로 걷어찼다.

Accordingly, the defendant interfered with K's legitimate execution of duties concerning K's 119 dispatch duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Each written statement L and E;

1. Application of Acts and subordinate statutes to each investigation report (with respect to vehicle property damage and photographs of damaged vehicles, the reason why the written estimate for vehicle damage is not attached);

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

2. Application of the sentencing criteria;

(a) interference with the performance of official duties;