beta
(영문) 창원지방법원 통영지원 2016.01.20 2015고단1252

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

1. Damage to property;

A. The Defendant committed the crime against the victim C, while being fluent for the reason that the neighboring victim was fluenced by 10 years ago, and was fluenced by the Defendant’s stone at around 11:30 on December 13, 2015, the Defendant was under influence at the Defendant’s dwelling mast of the Defendant’s residence located in Mad-si D on the said grounds as above, and was fluding two stones and Domas with water at the Defendant’s dwelling mast for the said reason, and damaged the victim’s property so that the Defendant 410,000 won in total is damaged by breaking the 6th head of the windows glass window, which is the victim’s dwelling lapsing the Defendant’s dwelling window.

B. The Defendant committed a crime against the victim E by gathering a stone from the above water supply system on the ground that the light of the victim’s residence runs toward the Defendant’s house at the same time and at the same place, and destroying the victim’s property so that the sum of the repair cost is KRW 2.10,000,000 in total by shouldering two of the dwelling space windows of the victim’s dwelling space.

2. On December 13, 2015, the Defendant obstructed the police officer’s legitimate execution of duties in relation to the prevention and suppression of a crime by brushing the instant G, who tried to display a plastic will in the vicinity, on the grounds that the police officer G, who was dispatched after receiving a report at the same place on December 13, 2015, tried to question the Defendant of the reported details.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, G, and H;

1. A photograph of the damaged scene;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Articles 366 and 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which aggravated concurrent crimes;

1. The scope of the recommended punishment according to the sentencing criteria shall be the general standards for one crime (damage).