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(영문) 서울남부지방법원 2015.09.10 2015고단3162
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 5, 2015, at around 00:40 on August 5, 2015, the Defendant destroyed the free windows equivalent to KRW 100,00 (Garo 90cm, vertical 140cm) of the market price, which is owned by the injured party, under the influence of alcohol in the subway station located in Yeongdeungpo-do 229, Yeongdeungpo-gu Seoul Metropolitan City.

2. On August 5, 2015, at around 02:07, the Defendant: (a) was arrested as a flagrant offender for the same reason as described in paragraph (1) at the Sinsan Police Station of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, Seoul, on the 15th day; and (b) was transferred to the Seoul Young Military Police Station, the Defendant heard the police officer B, a police officer belonging to the above police station, “I ambling about about how I am to go to the Department of Criminal, and I ambri”, and obstructed the police officer’s legitimate performance of duties concerning criminal investigations, etc. by assaulting the chest B once.

Summary of Evidence

1. Defendant's legal statement;

1. C and B’s statements;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Articles of the Criminal Act and the point of causing damage to property: Article 366 of the Criminal Act concerning the obstruction of performance of official duties: Article 136 (1) of the Criminal Act;

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 the recommended sentences according to the sentencing criteria table;

(a) Basic crimes [Scope of Recommendation] Basic field of crimes such as Category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) (6 months to 1 year and 4 months) (special person)

(b) Where concurrent crimes [the range of recommendations] are subject to mitigation (1 to 6 months), punishment not (including serious efforts to recover damage), or significant damage has been recovered, within the mitigated range (1 to 6 months), of category 1 (1) (2) (3) (3) (3) (3) (4);

(c) Standards for handling multiple crimes: Six months to one year and seven months (the lower limit of a basic crime, and the upper limit shall be the upper limit of a basic crime, and the upper limit shall be 1/2 of the upper limit of a concurrent crime).

2. The decision of the sentence of punishment was damaged and the obstruction of performance of official duties was serious, or the defendant was the first offender who had no criminal record.

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