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(영문) 울산지방법원 2017.01.10 2016고단4073
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 6, 2016, the Defendant damaged the victim’s property at the “E” drinking house operated by the victim D in Ulsan-gu, Ulsan-gu, U.S.A. on November 22 and 31, 2016, where he was able to demand payment from the victim after drinking alcohol, and where he was able to fluor the consignee who was in the same place to demand payment from the victim, thereby damaging the victim’s property that KRW 70,000 of repair cost.

2. 공무집행 방해 피고인은 같은 날 22:45 경 울산 중구 F에 있는 울산 중부 경찰서 G 파출소에서, 위와 같은 행위로 현행범 체포된 후 그곳에 있던 경찰관들에게 술에 취하여 “ 씹할 새끼들, 좆같은 새끼들!” 이라고 욕설을 하고 책상 위에 있던 모니터를 손으로 쳐서 넘어뜨리는 등 소란을 부리다가 위 파출소 소속 경위 H로부터 제지를 당하자 발로 H의 허벅지를 2회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on criminal investigation such as arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement;

1. Report on internal investigation, report on investigation results and report on investigation results;

1. A receipt and a consignee;

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of imprisonment with prison labor chosen;

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

1. Where the actual damage is minor in the area of special mitigation (one month to six months), (one month), and (one year and seven months) of the grounds for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [the scope of recommendation] of Article 62(1) [the scope of punishment] of Article 62(1) [the scope of punishment] of Article 62(1) and Article 62(1) of the Act on the Suspension of Execution (amended by Act No. 1 (Interference with Execution of Official Duties) [the scope of punishment] of Article 62(1) [the scope of punishment] of Article 62(1) of the Act on the Suspension of Execution of Official Duties and there is no agreement with the victim D.

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