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(영문) 광주지방법원 목포지원 2019.04.30 2019고단25
재물손괴등
Text

A defendant shall be punished by imprisonment for 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. On December 2, 2018, the Defendant: (a) destroyed the said car by walking the victim’s front panion, etc. of the instant E-learning car owned by the victim D, which was parked in a place without any justifiable reason, in front of the instant teahouse located in “C,” located in the Yannam-gun, Yannam-gun, Seoul, on December 18, 2018, with the repair cost of KRW 1,315,600.

2. When the Defendant was informed by the police officer G of the Faban Police Station at the time and place of the performance of official duties set forth in Paragraph 1, at the time and place of the performance of official duties, that “I am under the influence of alcohol” was “I am under the influence of I am under the control of I am under the control of I am under the control of I am under the control of I am under the control of I am under the control of I am under the control of I am under the control of I am under the control of I am under the control of the police officer.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and G;

1. A report on investigation (a written estimate attached and confirmation of damage levels), written estimate, and vehicle damage photographs;

1. Application of Acts and subordinate statutes to detailed inquiries into vehicles and investigation reports (change of victims of damage to vehicles);

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties) / Forced Performance of Official Duties (Special Convicts): In cases where the degree of assault, intimidation, and deceptive scheme is minor (the scope of the area of recommendation and the range of the recommended punishment), mitigation area, one month to eight months of imprisonment;

(b) Class 2 crime (determination of types) destruction and damage [Type 1] destruction, damage, etc. of property (special person).

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