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(영문) 수원지방법원 2017.03.09 2016고단6976

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 24, 2016, at the main point of “E” in the operation of the victim D (hereinafter “E”) of the victim of the C 401, the Defendant damaged the Defendant’s property by: (a) with the victim of the C 401 on October 24, 2016, the Defendant was going to walk four singing musical instruments in sequence with the victim; and (b) with the string on the part of the calculating unit, the Defendant got to walk four singing musical instruments in sequence; and (c) with the bits in the vicinity of the accounting unit, the Defendant damaged the Defendant’s damage to the said 4 and monitors in total amount of KRW 2.8

2. On October 24, 2016, the Defendant: (a) took part in a mobile phone while giving a serious bath to G police officers belonging to the F District of the Modong Police Station of the Sungsung-dong Police Station called out after receiving a report of 112 as the fact that he/she avoided the disturbance at the place specified in the preceding paragraph at around 22:50 on October 24, 2016;

In addition, the above G was faced with the hands of the above G, and the part of the bridge of the above G was walking several times, thereby obstructing the performance of official duties by assaulting the police officers performing legitimate duties concerning the dispatch of the report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Each statement of H and I;

1. A photograph of the damaged scene;

1. Application of the written estimate for damage;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor;

(b) Class 2 crime (damage) [Scope of Punishment] general standards and the scope of final sentence due to the reduction area (one to six months) (special mitigation person] (special mitigation person] aggravation of punishment due to the aggravation of punishment for multiple crimes: Six months to one year and seven months;

2. Although the punishment of each of the crimes of this case was determined in light of the pattern and content of each of the crimes of this case, the Defendant’s mistake is against the Defendant, and the Defendant is punished by a fine.