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(영문) 부산지방법원 2014.10.29 2014고단6513
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. Around 23:40 on June 24, 2014, the Defendant: (a) returned home under the influence of alcohol in front of the Busan Northern apartment B apartment No. 105 Dong 2, 2014; (b) was the starting point of the relocation guard room and the receipt of the home-based system; and (c) was damaged by the Defendant’s home-post mail, and the Defendant’s home-post box was damaged by the Defendant’s home-post-post-post-post-post-post-post-post-mail-related glass room of the market price managed by the Victim C,

2. The Defendant, at the date, time, and place specified in Paragraph (1) of this Article, expressed that the Defendant 112 reported that he was fright by destroying the glass windows of the guard room, as described in Paragraph 1 of this Article, and expressed that he was under the control of the circumstances E belonging to the Busan Northern Police Station D District Unit, and assaulted the above circumstances E at one time on the face of the guard room.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of a police officer's report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C and E;

1. Application of statutes attached to field photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) 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. As to the Defendant’s assertion of Article 62(1) of the suspended sentence under the Criminal Act, the Defendant stated that he was drunk at the time of the instant crime and argued that he was in a state of mental or physical disability or mental disability. Thus, according to the records, the Defendant was aware of drinking prior to the instant crime, but did not have the ability to discern things or make decisions.

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

Reasons for sentencing

1. The sentencing criteria [the range of recommendations] the obstruction of the performance of official duties shall be the same as the obstruction of the performance of official duties.

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