beta
(영문) 인천지방법원 2019.08.08 2019고단3263

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A summary of the Defendant of the damage to property in Incheon Michuhol-gu, on April 19, 2019: C around 22:25, 2019

In the room, the victim D indictment, which is the main business owner, stated the victim as E, on the ground that singing-sing-sing-sing-sing-sing-sing-sing-inging-sing-inging-outing-sing-outing-outing-outing-outing-outing-outing-outing-outing-outing-

It was destroyed by destroying microphones, caps, tampers, etc. equivalent to KRW 340,00,000 on a snick.

2. On April 19, 2019, the Defendant interfered with the performance of official duties by the police officer of the Incheon Michuhol-gu Police Station, which was dispatched after receiving 112 a report, was unable to lawful performance of official duties by the police officer of the police officer of the police station of the Incheon Michuhol-gu Police Station, on the ground that he demands the identification card by the police officer G, who belongs to the police officer of the police station of the Incheon, which was called after receiving 112.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. E statements;

1. Investigative reports, on-site photographs, and camping images;

1. Application of the written estimate statutes;

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act: The crime of this case is committed by the defendant with the damage to microphones, etc. in singing, and by assaulting police officers dispatched after receiving a report, thereby obstructing the exercise of public power, and the nature of such crime is not exceptionally imposed;

Police officers are punished.

The favorable circumstances: All the crimes of this case are recognized, and the mistake is against the law.

The property damage victim and the victim were fully agreed.

It is the first crime. Family members must be supported.