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(영문) 서울북부지방법원 2014.10.23 2014고단2220

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. On May 24, 2014, the Defendant: (a) around 22:05 on May 24, 2014, the Defendant: (b) sound the victim C to open a door in front of the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, 503 Dong 506 (D); and (c) was using the entrance door of the above apartment in the corridor, thereby damaging the victim’s small glass window.

2. The Defendant committed an act of obstruction of performance of official duties, upon receiving a report on the same background as the date and time and place mentioned in paragraph (1), and on the part of the police officer F of the Seoul Southern Police Station E (a police box) who was dispatched to the scene mentioned in paragraph (1), and was asked questions about the circumstances of the instant case by the police officer F of the Seoul Southern Police Station E (a police box) and used in his hand as a broom, and committed an assault, such as getting off

Accordingly, the defendant interfered with legitimate performance of duties on the investigation by police officers and the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Articles 366 and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (normal consideration, such as the fact that the defendant has agreed smoothly with the victim C, the fact that there is no record of punishment exceeding the fine, and the fact that the defendant has made a confession of all of the crimes, and his depth is divided);