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(영문) 인천지방법원 2017.04.13 2017고단325
상해등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 25, 2016, around 02:40, the Defendant attempted to damage goods used by public offices, but failed to commit an attempted crime, on the front of the “E” convenience store located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. On the ground that the Defendant talks about the issue of support by siblings and son and son, and her parents, who was set up at the relevant place on the ground that she was bad, would run away once from the patrol box belonging to the Incheon Bupyeong Police Station F box, which was set up at the relevant place on the ground that she was bad.

2. Whether the Defendant interfered with the performance of official duties and the Defendant was out of the police box of the Incheon Bupyeong Police Station in the time and place specified in paragraph (1) from H (51) where the police box of the Incheon Bupyeong Police Station was assigned to the damaged person.

In other words, the victim's face is taken once a week while taking a bath, and the police officer's patrol service interferes with legitimate performance of public duties for the maintenance of order, such as police officer's patrol service, and at the same time, the victim was boomed with the snow grass and gyke around the snow that require treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes by cutting down damaged photographs and booms images;

1. Relevant Articles 143, 141(1) (a) (a point of attempted damage to goods for public use), 257(1) (a) of the Criminal Act, and Article 136(1) of the Criminal Act concerning facts constituting an offense (a point of obstructing the performance of official duties) of the same Act;

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

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] General Injury [the person subject to special sentencing] - The person subject to mitigated punishment - The person subject to mitigated punishment is not subject to punishment - In the case of interference with the performance of official duties / [the standards for multiple crimes handling] 4 months or longer (one concurrent crime for which no sentencing guidelines have been set] 6 months of imprisonment with prison labor and one year of suspended execution 1 year of suspended execution.

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