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(영문) 부산지방법원 2020.08.12 2020고단2041
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for six years.

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 February 7, 2020, at around 01:26, the Defendant damaged the victim’s property by destroying the table table table table table (non-market) by under the influence of alcohol in the room of “D” for the operation of the Victim C, Busan Jin-gu, Busan, and thereby damaging the victim’s property.

2. On February 7, 2020, the Defendant was unable to avoid disturbance as above, and around 01:33, the police officer slopeF belonging to the E District, who was called upon 112 reported, took a bath to F, and assaulted F by taking her hand on three occasions at his hand, and the F and the police officer G, who was employed by the said earth, arrested the Defendant as a flagrant offender under suspicion of the obstruction of the performance of official duties, and assaulted G her breast at one time.

Accordingly, the defendant, by force, interfered with legitimate execution of duties concerning the handling of 112 reported cases and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Each statement of H, C, and I;

1. Application of the Acts and subordinate statutes of photographs, each investigation report (No. 9,10)

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 recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. Second Crimes (Determination of Punishment of Obstruction of Performance of Official Duties) / [Type 1] Obstruction of Performance of Official Duties / No person who has been forced to perform his/her duties / her duties / her basic area (the scope of recommendation area and recommendation range], and six months to one year and six months of imprisonment.

C. The third crime (the determination of types) (the destruction of and damage to property) shall include the destruction of and damage to property (the first type).

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