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(영문) 서울서부지방법원 2020.01.16 2019고단3899
재물손괴등
Text

A defendant shall be punished by imprisonment for nine months.

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

Reasons

Criminal facts

1. On August 25, 2019, the Defendant causing property damage: (a) on the front side of Eunpyeong-gu Seoul Metropolitan Government, around 03:10 on August 25, 2019, the Defendant: (b) while driving a taxi operated by the victim C on board and arriving at a destination, he gets off a horse and boomed against the victim; and (c) opened a black box, card terminal, etc. installed in the taxi, and thereby, destroyed the victim’s property by leaving it off in his hand, thereby having the amount of KRW 675,00,00 for repair

2. On August 25, 2019, around 03:40, the Defendant was arrested from F and G, a police officer of the Eunpyeong Police Station E-gu Seoul, Seoul, who was called upon 112 report, for the same reason as described in paragraph 1, on August 25, 2019, and the Defendant was arrested as a police officer of the E-district in the Eunpyeong Police Station E-gu, Seoul, on one occasion at hand and three times the head of G in the patrol vehicle continuing to move to E.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of quasi-flagrant offenders by police officers.

Summary of Evidence

1. Defendant's legal statement;

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

1. A photograph of damaged articles, photograph of the victim, and written estimate;

1. Application of the Act and subordinate statutes to report an investigation (verification of internal booms and video images of patrols), and to cover booms video images;

1. Relevant statutory provisions concerning criminal facts: Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act;

1. Trade concurrences: Articles 40 and 50 of the Criminal Act (Inter-Korean between crimes of obstruction of performance of official duties);

1. Selection of penalty: Selection of imprisonment with prison labor;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to attend lectures: Reasons for sentencing Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than seven years and not more than six months;

2. Application of the sentencing criteria;

A. Basic crime: The crime of obstruction of the performance of official duties (determination of type) is not type 1 of the crime of obstruction of the performance of official duties (in the case of obstruction of the performance of official duties/performance of duties) (the area of recommendation and the scope of recommendation).

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