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(영문) 청주지방법원 제천지원 2015.12.24 2015고단640

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 29, 2015, around 21:15, the Defendant: (a) destroyed the property by gathering one string of plastic materials (7 mix 1) on the part of the Defendant’s store located in the Cheongju-Gongju-Gongju-ro, 24, Gocheon-ro, Kacheon-ro, 24, on the ground that the Defendant had been deprived of the tools, etc. before, or had it thought that it had been stolen; and (b) caused the damage by cutting off one string of plastic materials (7 mix in the name of the Defendant) from the Cheongju-ro, Cheongju-ro, 24, Cheongcheon-ro, Ma-ro, 201.

2. While the Defendant was urged to return home from 112 police officers and patrolmen on the date and time and place indicated in paragraph (1) of the same Article after receiving C’s 112 report and hearing the statement about the circumstances of the instant case, the Defendant continued to put the reporter C, while continuing to put the reporter C, and the securityF and patrolman G returned C first and boarded on the patrol vehicle.

The Defendant, in his hands outside the patrol car, set off the door of the patrol car, and prevented him from the F in the process of getting off from the patrol car, and assaulted the face of F in his f face on one occasion.

Accordingly, the defendant interfered with legitimate performance of duties on the investigation by police officers and the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A report on investigation (the face value of violence observed by Gman in the E District);

1. 112 Reporting case management table;

1. Automobile register;

1. Application of Acts and subordinate statutes to photographs and photographs of damaged parts;

1. Relevant Article 366 of the Criminal Act and Article 366 of the choice of punishment for the crime (the point of causing damage and destruction of property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties

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

1. The defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing"), has inflicted violence on a police officer who has destroyed another person's vehicle without any particular reason and called out due to such act.