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(영문) 수원지방법원 안산지원 2020.03.11 2019고단4815

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

Reasons

Punishment of the crime

1. Around 01:00 on October 14, 2019, the Defendant damaged the property by walking the front door of the said vehicle at two times, and then destroying the property in the city’s aesthetic value by walking the vehicle with a blurg vehicle, which is owned by the Dispute Settlement Bank Co., Ltd., in the 2nd underground parking lot in Ansan-si, Seoul Special Metropolitan City.

2. On October 14, 2019, the Defendant interfered with the performance of official duties, at around 01:05, at the above location, obstructed legitimate performance of duties concerning the handling of reports by police officers, by walking 112, on the ground that he/she was requested by F to present his/her identification card by a police officer of the Ansan-gu Police Station E box affiliated with the Ansan-gu Police Station, which was called out after receiving a report of the said D-12.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes on internal investigation reports (on-site CCTVs and documentary evidence images investigation);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment of Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1)/Compulsory / [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months of imprisonment

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property): Damage, etc. [No. 1] Damage, etc. of Property (including Special Punishment): In a case where punishment is not granted (including serious efforts to recover damage), or a case where significant damage has been recovered (in the area of recommendation and the scope of recommended punishment), reduction area, imprisonment with labor for one month or six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to one year (the upper limit of crimes No. 2) for six months;

2. Determination of sentence: The extent of damage;