beta
(영문) 서울남부지방법원 2014.06.27 2014고단1625

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. Around 00:15 on April 23, 2014, the Defendant destroyed the damage of property by spreading a drum set up at the main point of “C” located on the first underground floor B of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, for the reason that the victim D, the main point of which was the victim D was prevented from drinking, thereby damaging the victim’s market price drums and drums.

2. On April 23, 2014, the Defendant engaged in obstruction of performance of official duties: (a) committed assault, such as: (b) around 01:05, at the F District District of the Geumcheon Police Station located in Geumcheon-gu Seoul, by receiving a report from 112 that “the son will damage the son.” (the son will damage the son.) was arrested from the victim G (the 50 years of age) belonging to the said District, and police officers (the 28 years of age) to commit an act in the act of committing a crime and being arrested and being investigated, without any specific reason, on the ground of the son’s buckbuck, walking the son’s son’s son by hand;

Accordingly, the defendant interfered with the legitimate performance of duties by police officials on arrest of flagrant offenders and investigation of suspects.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to photographs of property damage;

1. Articles 136 (1) and 366 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the confession and rebuttal, the absence of a serious criminal record, and the agreement with the victim of the crime of causing property damage);

1. Order to attend lectures under Article 62-2 of the Criminal Act;