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(영문) 의정부지방법원 2017.11.01 2017고단3106

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

Reasons

Punishment of the crime

1. On April 25, 2017, the Defendant damaged one of the street joint entrances (900 x 2100 x 2100) in front of the victim C of the building C in Namyang-si, a building C, which was managed by the victim D, without any reason, was unloaded by sticking in his/her hand without any reason.

2. On April 25, 2017, the Defendant interfered with the performance of special official duties, confirmed the fact that E slope belonging to the Namyang Police Station called out after receiving a report related to the damage of property at the residence of the Defendant C-dong 301 of the building C-dong, Namyang-si, Namyang-si, and received a report related to the damage of property, and carried out personal information.

As such, Defendant 1 said police officer “Isman’s resolution that Isman, police officers, and Isman’s resolution.”

Hawnaf, which is a dangerous thing that was in the state of the ship, had jacknaf (10 cm in length: 10 cm in length, 12 cm in total, 22 cm in total) by hand, and the Defendant’s wife was snicking the Defendant, and knicking the Defendant on the floor, the Defendant’s wife was snicking the above jacknaf in the state of the ship, and died of the police.

“Intimidating”.

Accordingly, the defendant possessed dangerous objects and obstructed the police officer's 112 handling of reported cases by threatening the police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Written statements of D;

1. Police seizure records;

1. Each photograph (the defendant alleged to the effect that he was not justified in the performance of official duties by police officers, but it is reasonable to view that it is a legitimate performance of official duties by police officers to confirm the personal information of the defendant who was dispatched to the 112 report and damaged property, and such argument is rejected).

Application of Statutes

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Articles 144(1) and 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Confiscation.