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(영문) 부산지방법원 2020.03.13 2019고단6384
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. On November 24, 2019, the Defendant: (a) around 23:20 on November 24, 2019, the Defendant collected grads and frys around the area of a victim C (the age of 62) who is a de facto spouse in Busan B and the second floor; (b) laid down grads and frys in the vicinity on the ground that the victim does not open the door; and (c) damaged the grads and gradsings of the grads in the vicinity of the market.

2. The Defendant received 112 reports from the date and place specified in Paragraph (1) of the obstruction of performance of official duties, and sent to the head of the police station affiliated with the Busan Coast Guard D Zone D District District of the Busan Coast Guard, stating, “Cins, Nins, Nins, Nins, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Iss, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Iss, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Iss, Is, Is, Iss, Is, Is, Is, and would like to go against the duty of the police officer

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each police statement protocol against E and C;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Class 2 crime (determination of types) destruction and damage [Type 1] destruction, damage, etc. of property (special person).

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