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(영문) 수원지방법원 2015.10.15 2015고단1939
재물손괴등
Text

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

Reasons

Punishment of the crime

1. On May 1, 2015, the Defendant damaged the blocking device that is equivalent to KRW 308,000 of the market price, such as: (a) the victim D, who is the head of the apartment management team, was not going up with the vehicle blocking device managed by the victim D, who was the victim of the apartment management team, and putting the blocking device down from the taxi and placing it up to the detention, while drunking into the taxi, at around 21:20, the Defendant was under the influence of alcohol and entering the taxi.

2. 공무집행방해, 상해 피고인은 2015. 5. 1. 21:35경 제1항 기재 아파트 경비실 앞에서 ‘술에 취한 사람이 경비원에게 행패를 부린다’라는 신고를 받고 출동한 화성동부경찰서 E지구대 소속 경찰관인 피해자 F(29세)로부터 귀가할 것을 권유받자, 피해자에게 “넌 뭔데 새끼야, 한판 붙자, 맞짱 한번 뜨자, 죽여버린다”라고 욕설을 하며 주먹으로 때릴 듯이 위협하고, 왼손으로 피해자의 가슴 부위를 움켜잡고 오른손 주먹으로 복부를 강하게 1회 때려 폭행하였다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning public peace and maintenance of order, and at the same time, the Defendant inflicted an injury on the victim, such as a scarcity, which requires medical treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. G statements;

1. Photographs photographs of damage caused by destruction;

1. A written diagnosis of injury; 1. Application of statutes of written estimates;

1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing among concurrent offenders under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments), - Nonapplication of the sentencing criteria at the time of prosecution - Crimes of obstruction of performance of official duties, and crimes of injury [the scope of recommendations].

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