beta
(영문) 의정부지방법원 2017.06.08 2017고단1692

재물손괴등

Text

A defendant shall be punished by imprisonment for one year.

excessive two (No. 1, 2) confiscated shall be confiscated.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant was sentenced to six months of imprisonment with prison labor due to a special assault, etc. at the District Court, and completed the execution of the sentence on March 13, 2016.

[2017 Highest 1692]

1. On April 3, 2017, the Defendant: (a) around 18:10 on April 3, 2017, around the front of the apartment entrance in which the victim D, who was in the city of Speaker-si, resides, destroyed the damaged property owned by the victim by placing the brick in the apartment corridor without any justifiable reason on the window of the said apartment site.

[2017 Highest 1905]

2. On April 22, 2017, the Defendant is under the influence of alcohol on the ground that, around 06:47 April 22, 2017, the victimized women of the crime of destroying property that he/she committed on the part of his/her own house do not reach an agreement on the damage of property that he/she committed on the part of his/her house 101 Dong 705.

” 는 내용의 112 신고를 하였고, 같은 날 07:05 경 위 신고를 받고 출동한 의정부 경찰서 E 지구대 소속 경찰관 F로부터 신고 경위와 인적 사항에 관해 질문을 받던 중 흥분하여, 갑자기 집 안에서 위험한 물건인 과도 2개( 칼날 길이 13cm/ 총길이 21cm 1개, 칼날 길이 16cm/ 총길이 21cm 1개 )를 들고 나와 손에 쥔 채 “ 씨 발, 쑤셔 버릴라!

"...................... as L/C, as F.....:

Accordingly, the defendant carried dangerous things and interfered with the legitimate execution of duties of F's 112 Report Processing, a police officer.

Summary of Evidence

[2017 Highest 1692]

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographs of damaged articles;

1. 112 Details of report processing;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (the attachment of a criminal suspect's violent acts and confirmation of the date of release from a court), and judgment [2017 order 1905];

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Police seizure records and lists and photographs of seized articles;

1. Previous record: Application of Acts and subordinate statutes governing the confinement of individuals;

1. Article 366 of the Criminal Act concerning the crime, Article 366 of the Criminal Act concerning the choice of punishment (the point of damage to property) and Article 144 of the Criminal Act.