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(영문) 수원지방법원 성남지원 2019.09.25 2019고단1764

재물손괴등

Text

A defendant shall be punished by imprisonment for four 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 July 18, 2019, the Defendant causing property damage: (a) around 01:30 on July 18, 2019, in the “D” parking lot under the victim C’s management in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City, the Defendant, who was installed at the entrance of the parking lot without any reason, was able to get off the vehicle blocking device installed at the entrance of the parking lot and damaged the repair cost

2. At around 02:15 on July 18, 2019, the Defendant: (a) arrested the Defendant as a flagrant offender in order to obtain a written confirmation on the suspicion of damage, etc. to property, etc. within the Seongbuk-gu, Sungnam Police Station, Sungnam-gu; (b) the police officers G belonging to the said district group arrested him as a flagrant offender to obtain a written confirmation on the charges; and (c) takes a bath to the Defendant; (d) assault the Defendant, such as a shoulderer, i.e., e., e., e., e., e., g., e., e., e., e., e., g., e., e., g., e.,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and C;

1. Investigation report (suspects A property damage and video-cape)

1. Application of Acts and subordinate statutes to investigation reports (Attachment of images showing obstruction of performance of official duties);

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. The reason for sentencing under Article 62(1) of the Criminal Act is to recognize and reflect the instant crime, and to agree by paying the amount of damage to the victims of property damage.

On the other hand, the defendant has been punished by a fine due to the crime of obstruction of performance of official duties, and has been punished by a fine due to property damage or assault.

The crime of obstruction of performance of official duties is a serious crime that causes harm to the function of the state by nullifying a legitimate exercise of public authority, and in particular, the crime of obstruction of performance of official duties in this case is limited to spiting and spiting the bridge of the victimized police officer.

(b) other.