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(영문) 대구지방법원 2021.01.13 2020고단5751

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 6, 2020, the Defendant damaged property: (a) around 21:10, the “D main point” operated by the victim C in Daegu Suwon-gu, Daegu Suwon-gu, was bread by drinking alcohol; (b) the Defendant breadd the victim’s bath by drinking alcohol; and (c) the victim’s market price on the stage is unknown; and (d) the Defendant breaddd and the sker 1 stiffed by the string.

Accordingly, the defendant damaged another person's property.

2. 공무집행 방해 피고인은 같은 날 21:30 경 제 1 항 기재 장소에서, 위 재물 손괴사건에 대한 112 신고를 받고 출동한 대구 수성 경찰서 E 지구대 소속 경찰관 F에 의해 수차례 귀가할 것을 권유 받자, 술에 취하여 가게에서 나갈 것을 거부하면서 ‘ 내가 뭘 잘못했나

E. The f.m. E., this f.m., by hand, assaulted the chest part of the F.m. once.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Application of Statutes

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each 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 on the grounds of suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

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

A. Group 1 Crimes (Interference with the Execution of Official Duties) / [Type 1] No interference with the performance of Official Duties / [No person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area, imprisonment with labor for six months to one year and six months;

(b) Crimes No. 2 (Destruction of Property) [Types 1] Destruction, etc. of Property [Special Sentencing] (Special Sentencings: Cases where punishment is not permissible (including serious efforts to recover damage) or significant damage has been recovered (the territory of recommendation and the scope of punishment recommended] mitigation area, one month to six months of imprisonment;

(c)the guidelines for multiple crimes;