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(영문) 수원지방법원 여주지원 2017.09.13 2017고단904
재물손괴등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal record] The defendant was sentenced to ten months of imprisonment by obstructing the performance of official duties at the Incheon District Court on April 16, 2001, and on November 10, 2008, the above court was issued a summary order of KRW 3 million due to the crime of damaging public goods, etc. and was sentenced to 11 times of punishment for violent crimes.

[Criminal facts]

1. On July 4, 2017, around 17:36, 2017, the Defendant damaged the apartment security guards to have an amount equivalent to KRW 715,00,00 for repairing costs, such as, on the ground that the said apartment security guards were posted illegally on the front of the Defendant’s car in front of the Defendant’s car.

2. Around 18:20 on the same day as indicated in the above paragraph (1), the Defendant: (a) at the center of the apartment management office near the above apartment; (b) at around 112, the Defendant: (c) sent to the site the victim E, etc., other than the victim E, etc., of the police box affiliated with the Leecheon Police Station, who was dispatched to the site after receiving a report of 112; and (d) assaulted the Defendant by one hand, etc., by making the victim E, who was sent to the site, on the course of committing the crime.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of F, G, H and C;

1. A report on internal investigation:

1. Written estimate;

1. Application of Acts and subordinate statutes to scene photographs that damage property;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the crime;

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 suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act for the protection and observation, and the order to attend a lecture, the basic area (from June to one year and six months) (special sentencing factors) of the first type of crime (Interference with the performance of official duties) [the scope of a recommendation] interference with the performance of official duties.

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