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(영문) 서울서부지방법원 2017.06.08 2017고단966

재물손괴등

Text

A defendant shall be punished by imprisonment for nine 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 6, 2017, around 01:06, the Defendant damage property at “E” main points operated by the victim D located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, on the ground that the drinking value was calculated too fast, and the Defendant damaged the water tank of the changeer installed in the toilets located in the above main points by drinkingly cutting down lids.

2. The Defendant interfered with the performance of official duties at the same time and place as set forth in paragraph 1, and at the same time and place as set forth in paragraph 1, and at the same time and place as set forth in Article 112, the police box of the Seoul Yongsan Police Station, sent out to the scene after receiving a 112 report by G (35 years), slope H (46 years old), and policeman I (28 years old) assigned to the police station of Yongsan Police Station of Korea (35 years old), and the above police officer, while taking a bath to the above police officer, booming the safety of G by her hand on the floor of G, and 3 times her face face of G from the police station of the police station of Yongsan Police Station of Korea, and her face part of the slope H’s slope that was trying to restrain this.

그 후, 피고 인은 순경 I에 의하여 현행 범인으로 체포되어 순찰차에 탑승하던 중 발로 순경 I의 복부를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and crime control.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and I;

1. Written statements of D and J;

1. Application of Acts and subordinate statutes to the 112 reported case processing list, damaged photographs, uniforms and agreements at the time of dispatch of I;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the crime;

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. In the case where there are many public officials suffering from damage (one year to four years) in the increased area (one year to four years) due to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (the scope of recommending punishment) [the scope of recommending punishment], Article 62-2 of the Social Service Order Act (the scope of recommending punishment], and Article 62-2 of the same Act (the scope of property damage, etc.) [the scope of recommending punishment].