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(영문) 서울북부지방법원 2014.09.04 2014고단1737
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

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 June 4, 2014, at around 03:05, the Defendant: (a) displayed the parking blocking device of the entrance of the above Bag, which is the victim C, on the front of the Seoul Central Government Library, in his/her hand; and (b) damaged the above parking blocking device to the extent that the repair cost would be equivalent to KRW 800,000.

2. At around 03:10 on June 4, 2014, the Defendant committed assault against the Defendant, i.e., the arms, legs, and clothes of the said D, due to the defect that the Defendant notified the Defendant of the summary of the crime, the reason for arrest, the right to appoint a defense counsel, and the right to request a trial on the legality of arrest, who was called out after having received 112 reports at the above location, and attempted to arrest the Defendant as a flagrant offender.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A statement prepared by the F;

1. Agreements for preparation of C;

1. Application of parking circuit photographs and damaged photographs to the Acts and subordinate statutes;

1. Articles 366 and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order is deemed to have been committed by the defendant by exercising violence by destroying or destroying a stoper of parking without any justifiable reason and assaulting the police officer called out. However, the case is not easy to say that the defendant has compensated for and agreed to repair the victim of property damage, there is no record of criminal punishment against the defendant, and other factors of sentencing including the circumstances, attitudes, circumstances after the crime of this case, the defendant's age, character and behavior, environment, etc.

It is so decided as per Disposition for the above reasons.

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