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(영문) 광주지방법원 해남지원 2020.04.23 2020고단34

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 31, 2019, the Defendant: (a) around 00:25, 2019, the Defendant destroyed the property owned by the victim that was installed in the “D Lestop restaurant” restaurant operated by the victim C on the second floor of Tong Young-si, in a manner that the sum of the property owned by the victim is 1,100,000 won in total, by cutting off two partitions and the table with his/her hand, without any justifiable reason, and then cutting off them.

2. On December 31, 2019, at the same place as before and after 00:35 on December 31, 2019, the Defendant engaged in obstruction of performance of official duties: F of the police box belonging to the Gyeongnam-gu Police Station Eabscoping the Defendant who was dispatched to the scene after receiving a report of 112 by C on the damage of the Defendant’s property; and F of the police box belonging to the Gyeongnam-gu Police Station Eabscoping the said F’s chest to hand and sound the said G; he takes a bath for the said G to take care of the Defendant; and thereafter, the Defendant took a bath to the head of the above Eabscoping box, who is arrested the Defendant as a flagrant offender, she spited twice into the face of the above H; and she knee kne feln on the left side of the police box belonging to the said Ebscoping box attached to the stairs.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, G, I, and H;

1. Video recorded in one CD-recording;

1. Application of each Act and subordinate statutes governing accompanying photographs;

1. Relevant Article 136(1) of the Criminal Act and Article 366 of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying and damaging property and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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 a period from January to June 2;